임대차보증금
1. The defendant shall deliver real estate stated in the attached list from the plaintiff to the plaintiff at the same time, and at the same time, KRW 230,000,000 to the plaintiff.
1. Facts of recognition;
A. On March 27, 2017, the Plaintiff leased the real estate listed in the separate sheet (hereinafter “instant apartment”) from C and D as at KRW 230,00,000 for the term of lease from May 2, 2017 to May 1, 2019.
(hereinafter “instant lease agreement”). B.
On May 2, 2017, the Plaintiff paid the above lease deposit and completed the move-in report with the delivery of the apartment in this case and received a fixed date and resided until the date of closing argument in this case.
C. The Defendant purchased the instant apartment from C and D on August 9, 2017 and completed the registration of ownership transfer on August 11, 2017.
On March 19, 2019, the Plaintiff sent to the Defendant a notice to the effect that “The Plaintiff had no intent to renew the contract upon the termination of the instant lease.” On March 20, 2019, the said notice was sent to the Defendant around March 20, 2019.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, the purport of the whole pleadings
2. Determination
A. According to Article 3 of the Housing Lease Protection Act, even in cases where no registration is made, when a lessee completes the delivery of a house and the resident registration, it shall be deemed that the third party has been registered as a resident at the time of the moving-in report (Paragraph 1), and in such cases, the transferee of the leased house shall be deemed to have succeeded to the status of the lessor (Paragraph 4). Therefore, the Defendant, the new owner of the apartment of this case, who is the lessee, is the new owner of the apartment of this case, is in the status of the lessor.
The Plaintiff expressed his/her intention to refuse renewal by notifying the Defendant of the termination of the instant lease three months prior to the expiration of the instant lease agreement, and it is apparent that May 1, 2019, which was the expiration date of the instant lease agreement, has passed. Therefore, the said lease contract was terminated around that time.
Therefore, the defendant is against the plaintiff.