추심금
1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
1. The parties' assertion
A. When the Plaintiff filed a lawsuit against the Plaintiff for damages against the Defendants, the Plaintiff filed a judgment of acceptance (hereinafter “decision on provisional seizure of claim”) with the Busan District Court 2013Kadan2209 regarding the lease deposit claim under the lease agreement on the underground floor (hereinafter “instant building”) among the above-ground buildings owned by the Defendants against the Defendants, and the said decision was sent to the Defendants, respectively.
After the execution of the provisional seizure, the Plaintiff won the above lawsuit against D and applied for a decision of acceptance on December 15, 2014 to transfer the provisional seizure against D to the original seizure. The above decision was served to the Defendants on January 22, 2015.
Therefore, the Defendants are obliged to pay the collection money to the Plaintiff according to the above seizure and collection order.
B. The Defendants sold the instant building, which is the object of lease, to F, on October 20, 2014, after being served with the Plaintiff’s provisional seizure on the claims. Accordingly, F, the buyer, succeeds to the status of the lessor pursuant to the Commercial Building Lease Protection Act. The Defendants, who withdraw from the lease relationship and were exempted from the lessee from the obligation to return the lease deposit to D, cannot respond to the Plaintiff’s claim for collection against the Defendants.
2. Determination
A. Article 3(3) of the Housing Lease Protection Act provides that a transferee of a rental house which is the object of a lease that meets the requirements for counterclaim under Article 3(1) of the same Act shall be deemed to succeed to the status of a lessor. Thus, it shall be deemed that the provisions on deferred succession under law apply to the transfer of a rental house. Therefore, in the event that a rental house is transferred, the transferee succeeds to all the rights and obligations under the lease contract of the lessor in combination with the ownership of the house, and as a result, the transferee is exempted from the obligation to return the deposit, and