전세보증금
1. The defendant shall deliver the real estate stated in the attached list from the plaintiff to the plaintiff at the same time. 85,00,000 won shall be applied to the plaintiff.
1. In full view of the purport of each statement in Gap evidence Nos. 1-3 (including the provisional number), the Plaintiff’s lease deposit amounting to KRW 85,00,000 as to the housing listed in the separate sheet (hereinafter “instant housing”) from October 13, 2012, and the lease period from December 7, 2012 to December 7, 2014, and completed the delivery of the instant housing and resident registration around December 3, 2012. The Defendant purchased the instant housing from Eul on July 1, 2014 and completed the registration of ownership transfer on July 4, 2014, and the Plaintiff notified the Defendant of the termination of the lease contract by content-certified mail on October 1, 2015.
2. Reviewing the determination on the cause of a claim, the transferee of a leased house is deemed to have succeeded to the status of a lessor (Article 3(4) of the Housing Lease Protection Act). According to the aforementioned facts, the Plaintiff, a lessee with opposing power under the Housing Lease Protection Act, notified the Defendant who succeeded to the status of a lessor of the termination of a lease agreement by means of content-certified mail on October 1, 2015, and thus, the contract was terminated on January 1, 2016, three months after the date the Defendant was notified of termination under Article 6-2(2) of the Housing Lease Protection Act (the Defendant asserted that the above content-certified mail was not received, and even so, on January 14, 2016, the Plaintiff claimed the return of the lease deposit for the reason of the termination of the contract through the instant complaint and the said complaint reached the Defendant on February 23, 2016, barring any special circumstances, the Defendant is obligated to return the lease deposit to the Plaintiff on May 23, 2016).
However, the plaintiff sought compensation for delay from the day following the service of the complaint on the above lease deposit, but the evidence submitted by the plaintiff alone is in the simultaneous performance relationship.