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1. The defendant takeover intervenor’s 30,000,000 won and its relation to the plaintiff’s 30,000 won and the period from January 30, 2016 to November 23, 2016.
Reasons
1. The description of the grounds for the claim shall be as specified in the attached Form;
(Provided, That the plaintiff, the creditor, and the debtor shall be deemed to be the defendant). 2. Judgment by public notice of applicable provisions of law against the defendant's intervenor taking over (Article 208 (3) 3 of the Civil Procedure Act)
3. Where a rental house which has an opposing power under the Housing Lease Protection Act is transferred to the defendant, the transferee succeeds to all the rights and obligations under the lease contract of the lessor in combination with the ownership of the house, and as a result, the transferee is exempted from the obligation to return the deposit for lease, and the transferor is exempted from the obligation to return the deposit for lease to the lessee by withdrawing from the lease relationship (see, e.g., Supreme Court en banc Decision 2011Da49523, Jan. 17, 2013): Provided, That where the lessee does not want the succession to the status of the lessor, it may escape from the detention of the lease relationship succeeded by filing an objection within a reasonable period from the time the lessee becomes aware of the transfer of the rental house, and in such a case, the transferor’s obligation to return the deposit to the lessee does not extinguish (see, e.g., Supreme Court Decision 2001Da64615, Sept. 4, 2002).
Therefore, since the defendant exempted the obligation to return the lease deposit of this case, the plaintiff's claim against the defendant cannot be accepted.