beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On April 1, 2009, the Plaintiff asserted that the Plaintiff leased the building listed in the separate sheet (hereinafter “instant house”) from C, from April 1, 2009, with the lease deposit of KRW 30 million, KRW 600,000 per month, and the lease term of KRW 30,000 per month, from May 31, 2009 to May 30, 201 (hereinafter “the lease of this case”), and around that time, paid the lease deposit.
The Defendant agreed from C to succeed to the lessor status of the instant lease while purchasing the instant house, and subsequently agreed to refund the said lease deposit to the Plaintiff by April 15, 201 (or September 15, 2012).
Therefore, the Defendant is obligated to pay to the Plaintiff KRW 23.7 million, remaining after deducting the overdue rent of KRW 6.3 million, from September 15, 2012, the Plaintiff transferred the instant house from KRW 30 million to KRW 6.3 million.
2. The evidence Nos. 1 through 5 alone paid the Plaintiff the lease deposit amount of KRW 30 million to C (or the lease deposit more than the above overdue loan, for which the Plaintiff was entitled to the deduction).
It is insufficient to recognize that the defendant agreed to succeed to the status of a lessor or to return the lease deposit, and there is no other evidence to acknowledge it.
[Plaintiff did not have any opposing power under the Housing Lease Protection Act. The instant lease agreement provides that “The loan to a financial institution shall be made by taking precedence over the lessee, the maximum debt amount shall not be determined, or the maximum possible amount of the loan shall be the object of the object under this contract, and the lessee shall understand it and shall not be held responsible for the intermediary establishment later (Evidence A 1).” As to the instant housing, the ownership transfer registration has been made in the Defendant’s future on June 1, 2009, and the registration of the establishment of a neighboring mortgage was completed (Evidence A 4) with the maximum debt amount of KRW 195 million, the debtor, the Defendant, and the Fisheries Cooperatives Association near the coast guard (the Plaintiff is the foregoing evidence 4).