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(영문) 광주지방법원 2016.06.14 2015가단45654

임대차보증금반환

Text

1. Defendant C’s KRW 21,00,000 as well as 5% per annum from June 4, 2008 to December 3, 2015, respectively, to the Plaintiff.

Reasons

1. The following facts of recognition may be acknowledged by integrating the purpose of the entire pleadings in each entry in Gap evidence Nos. 1 to 3.

On March 28, 2003, the Plaintiff entered into a lease agreement with Defendant B, setting the lease deposit amount of KRW 21,000,000, and the lease period of KRW 12 months from March 30, 2003, with respect to the fourth floor D ground owned by the said Defendant (hereinafter “instant building”).

B. The Plaintiff paid all the above lease deposit to Defendant B by March 30, 2003, and around that time, the Plaintiff resided after being transferred the building of this case from the above Defendant, and completed the move-in report as the location of the building of this case on March 31, 2003.

C. On June 23, 2003, Defendant B completed the registration of ownership transfer on the instant building due to sale on May 20, 2003 to Defendant C.

On April 12, 2004, the Plaintiff completed the registration of the Housing Lease with the above contents concerning the building of this case.

E. On June 3, 2008, the Plaintiff was a director of the instant building.

2. Determination

A. In light of the legislative intent of the Housing Lease Protection Act for the protection of a lessee, if a lessee does not wish to succeed to the status of a lessor, the transferee succeeds to all the rights and obligations under the lease agreement of a lessor by combining the ownership of a house with the ownership of the house, and as a result, the transferee takes over the obligation to return the lease deposit with a discharge of obligation to return the lease deposit, and the transferor is exempted from the obligation to return the lease deposit to a lessee by withdrawing from the lease relationship (see, e.g., Supreme Court en banc Decision 2011Da49523, Jan. 17, 2013). In addition, in a case where the lessee does not want to succeed to the status of a lessor in light of the legislative intent of the Housing Lease Protection Act for the protection of a lessee, the lessee may be relieved from the detention of the lease relationship succeeded by filing an objection within a reasonable period from the time when the lessee becomes aware of the transfer of