임대차보증금반환 청구
1. The defendant shall pay 234,00,000 won to the plaintiff and 12% per annum from September 20, 2019 to the day of complete payment.
1. Basic facts
A. On June 3, 2017, the Plaintiff leased the Yangcheon-gu Seoul Metropolitan Government D Building E (hereinafter “instant house”) under its ownership as the lease deposit amount of KRW 234 million and the lease term of KRW 14,00,000 on July 14, 2019. On July 1, 2017, the Plaintiff entered the lease deposit in full with C and completed the move-in report on July 3, 2017, and received the fixed date on June 25, 2018.
B. On July 12, 2017, the registration of ownership transfer for the instant housing owned C was completed on June 17, 2017, and on November 28, 2018, the registration of ownership transfer was completed on November 27, 2018 in the Defendant’s name on November 28, 2018, and the registration of ownership transfer was completed on November 14, 2019 thereafter on November 12, 2019.
C. Meanwhile, on July 14, 2017, with respect to the instant housing, the F completed the registration of creation of a neighboring mortgage with regard to G as the mortgagee and F as the debtor. The Defendant, who acquired the instant housing from F, transferred the instant housing, shall be G’s child.
On August 16, 2019, the Plaintiff completed the registration of housing lease with the lessee as the Plaintiff according to the Housing Lease Registration Order, and delivered the instant housing to the Defendant on August 22, 2019.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence No. 3, the purport of the whole pleadings
2. The Plaintiff asserted that the instant housing lease agreement was terminated on July 14, 2019 on the ground of the instant claim, and that the person who succeeded to the status of the lessor at the time of the termination of the lease agreement was the Defendant, the Defendant asserted that F succeeded to the status of the lessor on November 14, 2019, because F succeeded to the status of the lessor on the ground that the ownership was transferred to F on November 14, 2019. The Plaintiff asserted that, as the Plaintiff raised an objection against F’s succession to the status of the lessor, the Defendant still ought to return the lease deposit
3. The cause of the claim.