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(영문) 인천지방법원 2019.05.02 2018가단258189

임대차보증금

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. On July 8, 2011, the Plaintiff asserted that part of the instant building E (hereinafter “instant building”) was set as lease deposit amounting to KRW 50 million and KRW 2 years for lease without monthly rent from Da on July 8, 2011.

(hereinafter “instant lease agreement.” The Plaintiff paid a deposit for lease to C pursuant to the instant lease agreement, and has been managing an objection.

Since then, the instant building was transferred before transfer on March 28, 2017, and the Defendant acquired ownership, and the Defendant succeeded to the status of the lessor under the instant lease agreement.

The defendant is obligated to return the lease deposit amount of KRW 50 million to the plaintiff and pay damages for delay to the plaintiff.

B. If, after the lessee has acquired the opposing power under the Commercial Building Lease Protection Act, the ownership of the object is transferred to a third party, the lessee may oppose the right of lease against the new owner, and the new owner succeeds to the status of the previous owner as the lessor.

(See Article 3(1) and (2) of the Commercial Building Lease Protection Act (see Article 3(1) of the Commercial Building Lease Protection Act). In this case, in order for the Plaintiff to claim the return of the lease deposit amount of KRW 50 million under the lease agreement of this case to the Defendant, the Plaintiff has to prove that the Plaintiff acquired the opposing power under the Commercial Building Lease Protection Act. There

Rather, the plaintiff is a person who has failed to obtain the opposing power.

The plaintiff's claim is without merit without further review.

2. The plaintiff's claim for conclusion is dismissed as it is without merit. It is so decided as per Disposition.