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(영문) 인천지방법원 2016.08.09 2015가단247485

임대차보증금

Text

1. Defendant C pays KRW 36,000,000 to the Plaintiff.

2. The plaintiff's claim against the defendant B is dismissed.

3...

Reasons

1. Facts of recognition;

A. On April 22, 199, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B on April 114, 199, Dong 404, Nam-gu, Incheon (hereinafter “instant real estate”). On May 6, 1999, the Plaintiff moved to the instant real estate address. The Plaintiff occupied and used the instant real estate until now.

B. The instant lease agreement was renewed continuously, and during that process, the Plaintiff drafted a lease agreement with Defendant B during the period from April 22, 201 to April 22, 201, with the lease deposit amount of KRW 36,000,000, and the lease agreement from April 22, 2011 to April 22, 2013, and the instant lease agreement was renewed again.

C. Defendant B completed the registration of ownership transfer on September 26, 201 with respect to the instant real estate on September 26, 201 due to the division of property as of September 23, 2011.

On October 12, 2015, the Plaintiff: (a) held Defendant C liable as a successor to the instant lease agreement; and (b) held Defendant C liable as “the expiration of the contract term and the water leakage floodgate system, etc. of the instant real estate”; and (c) held that the Plaintiff requested the

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings

2. Determination

A. Article 3(3) of the Housing Lease Protection Act provides that a transferee of a rental house which has met the requirements for counterclaim under Article 3(1) of the said Act shall be deemed to succeed to the status of a lessor. As such, it shall be deemed that the provision on obligatory succession under law is applicable to the transfer of a rental house. As such, in the event that a rental house has been transferred, the transferee succeeds to all the rights and obligations under the lease contract of a lessor in combination with the ownership of the house, as a result, the transferee is exempted from the obligation to return the deposit, and the transferor is exempted from the obligation to return the deposit to a lessee by withdrawing from the lease relationship (see, e.g., Supreme Court en banc Decision 2011Da49523, Jan. 17, 2013).