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(영문) 수원지방법원 2017.09.07 2017가단2508

보증금반환

Text

1. The defendant shall pay 100,000,000 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

Facts of recognition

A. On June 18, 2014, the Plaintiff concluded a lease agreement with C, the owner of the wife population B apartment and 302 Dong 1502 (hereinafter “instant apartment”) to lease the instant apartment from August 20, 2014 to August 19, 2016 (hereinafter “instant lease agreement”).

B. On June 18, 2014, the Plaintiff paid C the deposit of KRW 10 million, and the remainder deposit of KRW 90 million on August 20, 2014, respectively.

C. On August 12, 2014, the Plaintiff made a move-in report to move-in the instant apartment to the domicile of the Plaintiff, along with the Simman D on August 12, 2014, and began possession after being handed over the instant apartment around August 20, 2014.

On October 23, 2014, E, a creditor of C, received the decision of provisional seizure for the instant apartment as the Daegu District Court Branch Branch Branch Branch Decision 2014Kadan1560 on October 23, 2014, and applied for a compulsory auction with the Suwon District Court F, and the said court rendered a decision of compulsory auction on September 2, 2015.

E. On October 18, 2016, G was sold for compulsory auction and completed the registration of ownership transfer on October 25, 2016, and G sold the instant apartment on November 18, 2016, and the Defendant completed the registration of ownership transfer on the instant apartment on December 1, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. According to the facts of the above recognition as to the cause of the claim, the plaintiff paid KRW 100 million to C who was the owner of the apartment of this case, and the plaintiff acquired the opposing power under the Housing Lease Protection Act by acquiring a resident registration after the delivery of the apartment of this case.

Therefore, after the Plaintiff acquired opposing power as above, the Defendant succeeded to the lessor’s status under the instant lease agreement by acquiring ownership of the instant apartment, and the instant lease agreement terminated on August 19, 2016. Therefore, the Defendant did not have any special circumstances.