보증금반환
The successor number shall be KRW 98 million to the plaintiff simultaneously with the delivery of apartment units listed in the attached list from the plaintiff.
1. Comprehensively taking account of the overall purport of the pleadings in Gap evidence Nos. 1 through 3 and Eul evidence Nos. 1 as to the cause of the claim, the plaintiff entered into a lease agreement with the defendants on September 21, 2017, setting the lease deposit amount of KRW 99.8 million with respect to the apartment units listed in the separate sheet (hereinafter "the apartment unit of this case") from November 8, 2017 to November 7, 2019. ② The plaintiff clearly expressed his intention to terminate the contract of this case to the defendants on the grounds of the commencement of rehabilitation procedures, etc. of the defendant B corporation. The plaintiff delivered a copy of the complaint of this case to the defendants around July 27, 2020 and terminated the above lease contract around that time. ③ As such, the plaintiff can be recognized as having completed the registration of ownership transfer on August 28, 202 when the contract between the plaintiff and the defendants was terminated due to the delivery of the copy of the complaint of this case and the registration of ownership transfer on each of this case.
According to the above facts of recognition, the successor transferee acquired ownership of the apartment of this case and succeeded to the status of the defendants as lessor under a lease agreement between the plaintiff and the defendants.
Therefore, the successor is obliged to deliver the apartment of this case from the plaintiff to the plaintiff as a result of the termination of the above lease contract, at the same time, to pay the lease deposit of 9.8 million won to the plaintiff, and to pay damages for delay calculated at the rate of 5% per annum from the day after the day when the apartment of this case is delivered by the plaintiff to the day when the above 9.8 million won is fully repaid.
On the other hand, according to the acquisition by the assignee of the apartment of this case for which the plaintiff maintains opposing power, the status of the lessor under the existing lease agreement with the ownership is also exempted, and the obligation to return the existing lease deposit to the plaintiff of the defendants was extinguished.