손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. C purchased the D Apartment No. 905, 2101 (hereinafter “instant apartment”) in Kimhae-si, and completed the registration of ownership transfer under the name of the Defendant on November 30, 2012, and on December 7, 2012, upon which the Defendant as a lessor’s lessor, and leased the instant apartment to E by setting the deposit amount of KRW 180,000,000 and the term of lease from December 14, 2012 to December 13, 2014.
(hereinafter “instant lease”). E moves into the instant apartment on or around December 31, 2012 and completed the move-in report on or around January 10, 2013.
B. On November 4, 2014, E filed a lawsuit against the Defendant seeking the return of the instant lease deposit with the Changwon District Court 2014Gahap35235.
The defendant delivered documents, etc. necessary for the registration of transfer of ownership of the apartment of this case to the F who sent C during the above lawsuit.
C. On December 24, 2014, F recommended the Plaintiff who is engaged in the same credit business, thereby allowing the Plaintiff to complete the registration of ownership transfer under the name of the Plaintiff on the ground of sale and purchase on December 23, 2014 (hereinafter “sale in this case”) (the transaction value of KRW 290,000,000 on the sales contract; hereinafter “the sale in this case”); and the new bank, a new bank, a stock company on the same day (hereinafter “new bank”), to complete the registration of ownership transfer on the above apartment.
(Peremptory Amount of Claim 272,400,000 won, the Plaintiff of the debtor, and the Plaintiff (hereinafter “instant collateral security”). D.
E completed the registration of housing lease for the instant apartment on January 13, 2015, and delivered the instant apartment to the Plaintiff on January 28, 2015.
E. On January 29, 2015, in the instant case of the claim for refund of the lease deposit, the Plaintiff became the assignee of the Defendant on January 29, 2015, and on April 29, 2015, “the Plaintiff acquired the instant apartment from the Defendant on December 24, 2014, thereby succeeding to the Plaintiff the repayment obligation of the lease deposit against E, the lessee.
Therefore, the Plaintiff is from January 29, 2015 to E, 180,000 won for the lease deposit of this case.