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1. The defendant shall pay to the plaintiff KRW 41,936,093.
2. The plaintiff's remaining claims are dismissed.
3. The costs of the lawsuit.
Reasons
1. On February 4, 2014, the Plaintiff entered into a contract with the non-party F Co., Ltd. (hereinafter referred to as "non-party F Co., Ltd.") who was the owner at the time to lease the pertinent housing E (hereinafter referred to as "the instant housing") with the lease deposit amount of KRW 45 million and the lease term of 12 months, the Plaintiff paid the above lease deposit amount of KRW 45 million to the non-party Co., Ltd. on the same day, and completed the move-in report and completed the move-in report and received the fixed date on the lease contract. Meanwhile, on the other hand, on April 26, 2017, the decision to commence the compulsory auction of the instant housing was rendered by the Goju District Court on the date of compulsory auction, and the Plaintiff received KRW 3,063,907 in the said compulsory auction procedure, and the Defendant purchased the instant housing in its name on December 4, 2017 and completed the registration of ownership transfer between the parties concerned.
According to the above facts, the defendant who succeeded to the lessor's status as to the house of this case is obligated to pay the remaining amount of KRW 41,936,093 (=45,000,000 - 3,063,907) to the plaintiff.
The Plaintiff also sought a payment for delay from the day after the date of delivery of a duplicate of the counterclaim of this case with respect to the remainder of the lease deposit. However, there is no assertion or proof as to the fact that the Plaintiff, a lessee, has performed the obligation to deliver the leased object to the Defendant, or provided such performance.
Therefore, since the defendant's obligation to return the lease deposit was omitted due to the delay of performance, the part of the claim for delay damages cannot be accepted.
2. As such, the plaintiff's claim is justified within the above scope of recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.