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(영문) 서울중앙지방법원 2020.08.20 2019가단5292500

임대차보증금

Text

1. Among the buildings listed in the separate sheet from the Plaintiff, the Defendant points out each of the separate sheet No. 1, 2, 3, 4, and 1.

Reasons

1. Facts of recognition;

A. On December 17, 2013, the Plaintiff entered into a contract with D to lease the portion of subparagraph C (hereinafter referred to as “the part in possession of the instant building”) in the attached list (hereinafter referred to as “the instant lease contract”) that connects each point of Section 1, 2, 3, 4 and 1 among the buildings listed in the attached list (hereinafter referred to as “instant building”) with D, with deposit deposit amount of KRW 65,00,00,000, and from December 24, 2013 to December 23, 2015 (hereinafter referred to as “the instant lease contract”). On December 24, 2013, the said move-in report and the fixed date are paid, and the said part in possession was handed over.

B. On March 14, 2014, D sold the instant building, including the instant occupied part, to E, and E agreed to accept the status of the lessor of the instant lease agreement by the Plaintiff, D and E.

C. On April 30, 2014, E transferred the ownership of the instant building in the name of E, but on April 16, 2015, E entered into a security trust agreement with the first priority beneficiary as FFFFF, GFF, and HF, and completed the registration of ownership transfer under the Defendant’s name on the same day.

On October 7, 2019, while the Plaintiff renewed the instant lease agreement, the Plaintiff revealed to the Defendant the intent to terminate the instant lease agreement by mail verifying the content of the agreement and sought the return of the lease deposit.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6 (including each branch number, if any) and the purport of the whole pleadings

2. According to the above facts of recognition, the Defendant succeeded to the lessor’s status of the instant lease agreement pursuant to Article 3(4) of the Housing Lease Protection Act by accepting the instant building from E as a trust and completing the registration of transfer of ownership based on it. Since the instant lease agreement terminated around October 7, 2019 due to the Plaintiff’s notice of termination, the Defendant, a lessor, is the Plaintiff, the lessee.