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(영문) 서울중앙지방법원 2017.11.17 2017가단13296

임대차보증금반환

Text

1. The defendant shall pay the plaintiff KRW 60,000,000.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. Basic facts

A. On January 21, 2015, the Plaintiff entered into a lease agreement with B and C to lease the third floor No. 303 (hereinafter referred to as “instant building”) out of the D ground aggregate buildings in Gwanak-gu, Seoul Special Metropolitan City, in which B and C shared 1/2 shares, by setting the lease deposit amount of KRW 60 million and the lease term from January 28, 2015 to January 27, 2017.

B. After the instant lease agreement, the Plaintiff occupied and used the instant building and took profits therefrom, and completed the move-in report on April 26, 2015.

C. E purchased the instant building on August 11, 2015, completed the registration of ownership transfer on September 2, 2015, and completed the registration of ownership transfer on the same day to the Defendant on the same day.

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, 4, Gap evidence 5-1, 2, Gap evidence 6, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The gist of the Plaintiff’s assertion was that the Defendant succeeded to the status of the lessor of the instant building by completing the registration of ownership transfer on the ground of trust with respect to the instant building, and thus, the Plaintiff is obligated to return the lease deposit KRW 60 million to the Plaintiff

B. The summary of the Defendant’s assertion is merely a trustee who received the instant building from E for the purpose of collateral security, and is not a final and conclusive transfer of ownership of the instant building. Therefore, it cannot be deemed that the Defendant succeeded to the lessor’s status of the instant building.

C. Determination 1E succeeded to a lessor's status under the Housing Lease Protection Act pursuant to Article 3 (4) of the Housing Lease Protection Act by purchasing the instant building from B and C and completing the registration of transfer of ownership. Furthermore, for the following reasons, the Defendant may be deemed to have succeeded to a lessor's status under the Housing Lease Protection Act by completing the registration of transfer of ownership based on the trust from E and completing the registration of transfer of ownership based on it.

In other words,