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(영문) 대전지방법원 2015.01.22 2014가합104357

보증금반환

Text

1. Defendant B pays to the Plaintiff KRW 529,200,000.

2. The plaintiff's remaining claims against the defendant B and the defendant.

Reasons

1. Determination as to the claim against the defendant B

A. 1) Determination as to the cause of a claim regarding the transfer of the lessor’s status is accompanied by the transfer of the lessor’s duty, but the lessor’s duty is not particularly different from who is the owner of the object, and it may be considerably favorable for the lessee to succeed to the duty. From the standpoint of the lessee, it may be more favorable for the new owner. Thus, a transfer of the status can be made by only a contract with the lessor. However, in such a case, the lessee cannot be forced to succeed to the right of the lease unless he wishes to do so, so it may be exempted from the detention of the lease relationship that is succeeded by the lessee under the principle of equity and good faith, and the lease relationship with the lessor may also be terminated (see, e.g., Supreme Court Order 98Ma100, Sept. 2, 1998; No. 1000, Oct. 20, 200; No. 2000, Feb. 1, 2002).