임대차보증금
1. The Defendants shall jointly and severally pay to the Plaintiff KRW 70,000,000 and the interest rate thereon from December 19, 2014 to the date of full payment.
1. Basic facts
A. On September 26, 2012, the Plaintiff entered into a lease contract with Defendant Light Industry (hereinafter “Defendant Light Industry”) with respect to D Apartment Nos. 206, 106, and 106 (hereinafter “instant real estate”) located in one parcel of land, non-city C, with the lease deposit amount of KRW 70 million, and from October 20, 2012 to October 29, 2014, and paid all the lease deposit (hereinafter “instant lease contract”).
B. On July 23, 2014, the Plaintiff expressed his/her intent not to renew the instant lease agreement to the Defendant Boan Industry.
C. On October 30, 2014, the day following the expiration date of the instant lease agreement, Defendant Bocheon Industrial Co., Ltd. entered into a sales agreement with Defendant B, with the purchase price of the instant real estate at KRW 89 million, and as the special terms and conditions, the lease contract of this case is the deposit for the lease deposit. In addition, the Gwangju District Court’s Yancheon Branch Office of 11 November 201, 201, which received No. 31285 (hereinafter “instant mortgage”). On November 11, 2011, the Defendant Bocheon Industrial Co., Ltd concluded a sales agreement with the terms and conditions of succession, and completed the registration of ownership transfer with respect to the instant real estate in the future of Defendant B.
On October 30, 2014, Defendant B completed the registration of change of the right to collateral security, which changed the debtor of the instant right to collateral security from Defendant B to Defendant B, due to the acquisition of the contract.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 2, the purport of the whole pleadings
2. Determination as to the cause of action
A. In a case where a purchaser of real estate agrees to take over a burden attached to the real estate, such as a collateral security obligation, and deducts the amount of the purchase price as much as the amount of such obligation, such an agreement by the purchaser can be deemed as a so-called "liability assumption of obligation," which discharges the seller from liability, unless the creditor gives consent.