임대차보증금
1. The Defendant’s KRW 41,379,073 as well as the Plaintiff’s annual rate from January 23, 2015 to March 30, 2015.
1. Facts of recognition;
A. On February 1, 2012, C completed the registration of ownership transfer with respect to D Apartment Nos. 107, 503, 107, and 503 (hereinafter “instant apartment”), and on the same day, C completed the registration of ownership transfer with respect to the National Bank of Korea (hereinafter “instant apartment”). On the same day, C completed the registration of ownership creation over the maximum debt amount of KRW 21,640
B. On March 1, 2012, between C and C, the Plaintiff entered into a lease agreement stipulating that the instant apartment is leased with the term of KRW 90 million and the term of April 13, 2012 from April 13, 2012 to April 13, 2014 (hereinafter “lease agreement”).
C. On April 13, 2012, the Plaintiff paid the lease deposit amount of KRW 90 million to C, and completed the move-in report on the same day after being transferred the instant apartment.
On October 2, 2012, the Defendant concluded a sales contract to purchase the instant apartment in KRW 324,00,000 with C, and completed the registration of ownership transfer on October 12, 2012 with respect to the instant apartment on the grounds of the said sale.
E. Meanwhile, with respect to the apartment of this case, the National Bank Co., Ltd. is above A.
On the basis of the right to collateral security stated in paragraph (1), the auction procedure was commenced by filing an application for voluntary auction with the competent government district court E, and the plaintiff completed the registration of ownership transfer on January 22, 2015 after obtaining a decision to permit sale from the above auction procedure as the highest purchaser.
F. The Plaintiff received dividends of KRW 48,620,927 as a final lessee on January 22, 2015 in the said voluntary auction procedure.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to Gap evidence 3, purport of whole pleadings.
2. The assertion and judgment
A. According to the above facts of determination on the cause of claim, the Plaintiff acquired opposing power under Article 3(1) of the Housing Lease Protection Act, since the Plaintiff received the instant apartment and completed the move-in report on April 13, 2012.
The defendant succeeded to the status of the lessor pursuant to Article 3 (4) of the same Act by acquiring the apartment of this case.
The plaintiff will be at the auction procedure.