추심금
1. Upon arrival of July 18, 2017, Defendant B shall deliver to Defendant C the buildings listed in the separate sheet.
2. Defendant C shall be liable to compensate for the losses incurred by Defendant C on January 2017.
1. The Plaintiff received a compulsory adjustment order with the purport that “Defendant B shall pay to the Plaintiff KRW 150 million up to December 15, 2015, and if Defendant B wishes to do so, the amount of KRW 200 million and the amount of money calculated at 20% per annum from January 1, 2016 to the date of full payment,” which became final and conclusive August 8, 2015.
In order for Defendant B to not pay the money as adjusted, the Plaintiff received a collection order for the “amount until it reaches the amount in KRW 200,025,800, out of the housing lease deposit against Defendant B’s housing lease deposit,” and issued a collection order for the Suwon District Court’s Ansan Branch 2016TT20954, and the written decision was served to D, a garnishee on June 23, 2016.
Meanwhile, on May 20, 2015, D, the owner of a building listed in the attached list (hereinafter “instant building”) was leased to Defendant B by setting the deposit amount of KRW 100 million and the term of lease from July 17, 2015 to July 17, 2017.
Defendant B paid the deposit to D, and completed the resident registration after the delivery of the instant building.
Defendant C purchased the instant building from D, and completed the registration of ownership transfer on October 27, 2016.
[Ground of recognition] A.1-7 Evidence, the purport of the whole pleadings
2. Determination
A. Article 3(3) of the Housing Lease Protection Act (hereinafter “Housing Lease Protection Act”) provides that “A transferee of a rental house that meets the requirements for counterclaim as stipulated in Article 3(1) of the said Act shall succeed to all the rights and obligations under the lease agreement of a lessor in combination with the ownership of a house, and as a result, the transferee shall be exempted from the obligation to return the lease deposit, and the transferor shall be exempted from the obligation to return the lease deposit by withdrawing from the lease relationship.
Furthermore, if a rental house is transferred under the condition that a lessee's claim to return the lease deposit has been seized, the transferee.