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(영문) 수원지방법원 2017.03.28 2016가단32885

임대차보증금반환

Text

1. The Defendants jointly share KRW 35,000,000 with respect to the Plaintiff and 5% per annum from February 7, 2017 to March 28, 2017.

Reasons

1. Facts of recognition;

A. On October 2, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Plaintiff setting the deposit deposit of KRW 35,000,000, and the term of the lease from October 13, 2013 to October 13, 2015, regarding the lease of KRW 402 (hereinafter “instant house”) among the multi-family houses on the ground of the Suwon-si E, Suwon-si, Suwon-si, Suwon-si, Suwon-si.

B. The Plaintiff received the instant house from D and completed the move-in report on October 15, 2013.

C. On January 15, 2014, the Defendants purchased the entire multi-family house including the instant housing from D, and completed the registration of transfer of ownership in the name of the Defendants with respect to each of 1/2 shares on the 28th of the same month.

The Plaintiff entered the dormitory of the company working at the time of the termination of the instant lease agreement, and was aware that the Defendants had no intent to renew the instant lease agreement in early September 2015.

E. In October 2015, the Plaintiff, while moving his residence to a dormitory of a company, left part of the instant house while informing the Defendants of the password of the password of the entrance locking system, after deducting all animals around February 6, 2017.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-4, the purport of the whole pleadings

2. Determination

A. According to the above findings of the determination as to the cause of the claim, the instant lease contract was terminated upon the expiration of the period.

In addition, since the transferee of a leased house appears to succeed to the status of a lessor (Article 3(4) of the Housing Lease Protection Act), the Defendants jointly do so with the Plaintiff, 35,000,000 won, and 15% per annum as prescribed by the Civil Act, from February 7, 2017, the date following the date of this decision, which is the date of this decision, deemed reasonable for the Defendants to dispute over the existence or scope of the obligation to perform, from February 7, 2017 to March 28, 2017, and from the following date to the date of full payment.