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(영문) 수원지방법원 2016.10.19 2016가단15934

추심금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. B leased the lease deposit deposit amount of KRW 80 million from the Defendant, Suwon-si, Suwon-si, Suwon-si, the lease deposit amount of KRW 80 million from October 20, 2014 to October 20, 2016, and the lease deposit amount was paid, and thereafter, the moving-in report was made and resided around that time.

B. On May 27, 2015, based on the executory exemplification of the Seoul Central District Court Decision 2012Da66806 case against B, the Plaintiff was issued a seizure and collection order for the claim KRW 50 million among the lease deposit claims for the return of the instant housing owned by B against the Defendant by Suwon District Court 2015 TaT10628, May 27, 2015 (hereinafter “instant claim seizure and collection order”). The instant claim seizure and collection order was served on the Defendant on June 25, 2015.

C. On May 10, 2016, D purchased the instant house from the Defendant and succeeded to the lessor’s status as B pursuant to the Housing Lease Protection Act by completing the registration of ownership transfer on May 11, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 4 (including numbers, if any), the purport of the whole pleadings

2. The Plaintiff claimed payment of KRW 50 million to the Defendant according to the collection order and the seizure and collection order of the instant claim. Accordingly, the Defendant asserted that D succeeded to the lessor’s status, and thus, it cannot accept the Plaintiff’s claim.

Article 3(3) of the Housing Lease Protection Act provides that the assignee of a rental house (hereinafter “rental house”) which is the object of a lease that meets the requirements for setting up against the Housing Lease Protection Act (hereinafter “rental house”) shall be deemed to succeed to the status of a lessor. This ought to be deemed to be a legal obligatory succession provision. Therefore, in the event that a rental house is transferred, the transferee is combined with the ownership of the house and combined with the ownership of the house.