임대차보증금반환
1. Defendant (Counterclaim Plaintiff) B is indicated in the attached Form No. 4, 5, 6, 7, among the buildings listed in the attached Table from the Plaintiff (Counterclaim Defendant).
On August 19, 2009, the Plaintiff and the Defendant C, at the time of the Plaintiff’s possession of the instant real estate, concluded a lease contract with the lease deposit amount of KRW 30,000,00, and from September 26, 2009 to September 25, 201, with the lease term fixed from September 26, 2009, the Plaintiff acquired the occupancy of the instant real estate and obtained the fixed date on April 5, 201 after completing the resident registration transfer report.
On September 1, 2014, Defendant B purchased the instant house including the instant real estate from Defendant C.
The instant lease agreement was terminated by the agreement between the Plaintiff and Defendant B around September 25, 2014.
[Ground of recognition] The Plaintiff asserted that, as Defendant B succeeded to the lessor’s status as the assignee of the leased house, Defendant B was obligated to pay KRW 30,000,000 of the lease deposit for the instant real estate. Defendant B agreed with Defendant C to pay the lease deposit for the instant real estate, and the Plaintiff was aware of such fact, and thus, Defendant C should pay the lease deposit for the instant real estate.
Article 3(4) of the Housing Lease Protection Act provides that "the transferee of a leased house shall be deemed to have succeeded to the status of a lessor," and Article 10 of the Housing Lease Protection Act provides that "any agreement contrary to this Act and is disadvantageous to the lessee shall be null and void.
In full view of the aforementioned facts and the aforementioned purport of the Housing Lease Protection Act, Defendant B, who acquired the instant house, is deemed to have succeeded to the lessor’s status under the lease agreement on the instant real estate along with the ownership of the instant house. Therefore, in relation to the Plaintiff, the lessee, the lease deposit for the instant real estate is ultimately made.