전부금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The basic facts C, on August 21, 2009, leased the E Apartment F (hereinafter “instant apartment”) from D during the period of the lease deposit of KRW 15 million, and from September 28, 2009 to September 27, 201, by setting the lease term of KRW 15 million.
On September 9, 2013, the Plaintiff was issued an attachment and assignment order (Korean Government High Court Decision 2013 Dolsan Branch 201827, 2013) with respect to the claim to return the lease deposit of the instant apartment against C based on the loan claim of KRW 60 million against C (No. 546, 2013, a notary public).
The defendant purchased the apartment house of this case from D on September 19, 2015 and completed the registration of ownership transfer on October 29, 2015.
[Ground of recognition] Facts without dispute, entry of Gap 1 and 3 evidence, purport of the whole pleadings
2. Determination:
A. The plaintiff's assertion asserts that the defendant, by acquiring the apartment of this case from D, succeeded to the status of the third obligor against the plaintiff, the plaintiff is obligated to pay the whole amount to the plaintiff.
B. In concluding a sales contract with D on September 19, 2015 for the instant apartment, the Defendant: (a) concluded a sales contract for the instant apartment; (b) concluded a sales contract for KRW 10 million for the down payment of KRW 234 million; (c) concluded a sales contract for the intermediate payment of KRW 85 million on October 21, 2015; and (d) paid KRW 139 million for the remainder on October 28, 2015; and (c) agreed to have the former tenant (deposit KRW 95 million) directors at the time of the payment of the intermediate payment; and (d) paid the down payment and the intermediate payment on the agreed date.
Accordingly, on October 21, 2015, C was a director of the instant apartment.
After that, the defendant paid all remainder on October 29, 2015, and completed the registration of ownership transfer for the apartment of this case.
[Grounds for recognition] The entry of evidence Nos. 1 through 8 and the purport of the whole pleading
C. Article 3(4) of the Housing Lease Protection Act provides that a transferee of a leased house (including any other person who succeeds to the right to lease) shall be deemed a lessor.