전세보증금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On February 2, 2015, the Plaintiff leased Seo-gu, Daejeon, the Defendant owned (hereinafter “instant building”) KRW 35,000,000, and the term of the contract from February 10, 2015 to February 9, 2016, the Plaintiff paid the full amount of the lease deposit on February 10, 2015.
B. The instant lease agreement was implicitly renewed, and terminated on February 9, 2017, and the Plaintiff transferred the instant building around that time.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The parties' assertion
A. Since the Plaintiff’s assertion that the lease contract of this case was terminated at the expiration of the term, the Defendant, a lessor, at the time of the lease contract, is obligated to pay the Plaintiff the lease deposit amount of KRW 35,000,000,
B. The Defendant’s assertion that the ownership of the instant building was transferred from the Defendant to Suwon Steel Co., Ltd. via D, E, and C&T, and thus, the Defendant does not bear any obligation as lessor.
3. Article 3(4) of the Housing Lease Protection Act provides that a transferee of a leased house (including a person who succeeds to the right to lease) shall be deemed a lessor’s succession to the status of the lessor. As such, in cases where a rental house has been transferred, the transferee succeeds to all the rights and obligations under the lease contract in combination with the ownership of the house, and as a result, the transferee is exempted from the obligation to return the lease deposit, and the transferor is exempted from the obligation to return the lease deposit to the lessee by withdrawing from the lease relationship (see, e.g., Supreme Court Decision 2011Da49523, Oct. 14, 2015). The fact that the ownership of the building in this case from the Defendant on October 14, 2015; the future of February 29, 2016; and the future of May 13, 2016; in sequence, the transferee may in turn transfer the right to lease deposit to the lessee.