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(영문) 서울중앙지방법원 2015.01.16 2014가합52495

임대차보증금반환

Text

1. The defendant shall pay 165,000,000 won to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Facts of recognition;

A. On July 16, 2012, the Plaintiff entered into a contract with C to lease Dongjak-gu Seoul Metropolitan Government D buildings and B 302 Dong Dong (hereinafter “instant real estate”) which are multi-households owned by C, with a deposit of KRW 165 million, and the period from August 10, 2012 to August 10, 2014.

(hereinafter “Lease of this case”). (b)

The Plaintiff paid all the lease deposit to C, received the instant real estate from C, and made a move-in report on August 16, 2012, and is residing in the instant real estate until now.

C. C on March 4, 2013, sold the instant real estate to the Defendant, and completed the registration of ownership transfer on March 5, 2013.

[Evidence] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the facts of the above recognition, the Defendant is deemed to have succeeded to the status of a lessor under the instant lease agreement pursuant to Article 3(4) of the Housing Lease Protection Act by acquiring the instant real estate on March 5, 2013, and the lease of this case terminated on August 10, 2014. Thus, the Defendant is obligated to return the lease deposit amount of KRW 165 million to the Plaintiff.

3. According to the conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.