임대차보증금 반환
1. The defendant shall pay 50,000,000 won to the plaintiff.
2. The costs of the lawsuit are assessed against the defendant.
3.Paragraph 1.
1. Facts of recognition;
A. On March 201, the Plaintiff entered into a contract with C Co., Ltd. to rent KRW 45 million (not monthly rent) of the building D (hereinafter “instant loan”) owned by the said company, and began to reside on March 23, 2011 with the payment of KRW 45 million from March 2, 2011 to March 19, 201, and with the delivery of the instant loan.
The Plaintiff, on March 23, 201, filed a move-in report with the instant loan on March 23, 201, but did not obtain a fixed date.
B. Around March 2012, the Plaintiff entered into a contract to lease the instant loan from the said company with a deposit of KRW 50 million (no monthly rent) and the period from March 24, 2012 to March 23, 2014, and around that time, paid the company the difference between the previous deposit and the previous deposit.
C. F purchased the instant loan from the said company on March 26, 2012, and completed the registration of ownership transfer in its own name on April 25, 2012, and thereafter, the Defendant paid the successful bid price on September 20, 2018 and completed the registration of ownership transfer in the voluntary auction procedure (this court G) on the instant loan.
On December 5, 2018, the plaintiff notified the defendant of his/her request for the payment of the lease deposit by content-certified mail, and at that time the above notification was delivered to the defendant.
E. On December 6, 2018, the Plaintiff applied for the order of lease registration and completed the lease registration on the instant loan on December 19, 2018.
The plaintiff is residing in the loan of this case until now.
【Reasons for Recognition】 Each entry in the evidence Nos. 1 through 8, and the purport of the whole pleadings
2. According to the facts of the judgment on the cause of the claim, the Plaintiff entered into a lease agreement with the above company on March 201 and completed the move-in report on March 23, 201, and completed the move-in report on March 23, 201. As such, the Plaintiff acquired the opposing power of the right to lease on the instant loan on March 24, 201, following the date on which the move-in report was completed.
In addition, F and the Defendant acquire the ownership of the loan of this case in sequence.