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(영문) 대전지방법원 천안지원 2018.12.07 2018가합102433

임대차보증금

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1. The defendant's delivery of real estate stated in the separate sheet from the plaintiff at the same time, and at the same time, KRW 250,000,000 to the plaintiff.

Reasons

1. The Plaintiff, with C, leased the real estate indicated in the attached list (hereinafter “the leased object of this case”) between November 13, 2015 and November 13, 2017 by setting the lease deposit amount of KRW 250,00,000, and the lease deposit was fully paid. The Plaintiff reported prior resident registration and received the fixed date.

Since then, D purchased the leased object of this case from C, etc. and acquired ownership on June 9, 2016, and sold it again to the Defendant on May 15, 2018, and on May 18, 2018, the Defendant acquired the ownership of the leased object of this case and acquired the obligation to return the lease deposit to the Plaintiff.

On September 22, 2017, the Plaintiff made it clear to D that the Plaintiff had no intention to extend the lease agreement, and the lease term for the leased object was terminated on November 13, 2017.

Even if the lease is terminated due to the expiration of the term of validity, etc. in the lease lease with opposing power, the lessee is deemed to continue the lease relationship until the deposit is returned in accordance with Article 4(2) of the Housing Lease Protection Act. Therefore, if the real estate which is the object of lease is transferred in such state, the status of the lessor as a lessor is naturally succeeded to when the lease is terminated in accordance with Article

Therefore, as a transferee of the above leased object, the Defendant is liable to return KRW 250,000,000 to the Plaintiff at the same time to deliver the leased object from the Plaintiff, who is the lessee.

2. Grounds: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);