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(영문) 서울남부지방법원 2018.06.01 2017가단259203

임대차보증금

Text

1. The defendant shall pay KRW 160,000 to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Facts of recognition;

A. On December 15, 2014, the Plaintiff leased the Guro-gu Seoul Metropolitan Government Building 301 (hereinafter referred to as the “instant building”) from the Traz General Construction Co., Ltd. for the lease deposit of KRW 160,000,000, and the lease term of KRW 160,000 from February 7, 2015 to February 6, 2017. On February 3, 2015, the Plaintiff transferred the resident registration and obtained a fixed date.

B. On May 29, 2015, the Defendant completed the registration of ownership transfer on the instant building due to sale on October 2, 2014.

C. On the other hand, around June 8, 2015, the Defendant was prosecuted for committing the crime of deceiving the money by deceiving the victim D to the effect that “a person without any tenant of the building of this case resides in the building of this case to lend KRW 70,00,000 as security,” and was sentenced to a suspended sentence of two years at the Seoul Western District Court on December 23, 2016.

[Ground of Recognition] Unsatisfy, Gap evidence 1 to 6, Eul evidence 2

2. The transferee of the leased house is deemed to have succeeded to the status of the lessor (Article 3(4) of the Housing Lease Protection Act), and the Defendant succeeded to the status of the previous lessor as to the instant building by completing the registration of ownership transfer on May 29, 2015.

In addition, the lease on the building of this case has expired on February 6, 2017, as seen earlier.

Therefore, the Defendant, who succeeded to the status of the lessor as to the instant building, is obligated to return KRW 160,000,000 to the Plaintiff as the lessee.

3. The plaintiff's claim of this case is justified and it is so decided as per Disposition.