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(영문) 전주지방법원군산지원 2016.12.20 2016가단57005
임대차보증금
Text

1. The defendant shall pay 90,000,000 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

Comprehensively taking account of the respective descriptions and arguments of evidence Nos. 1, 2, and 3, the Plaintiff: (a) leased, on May 8, 2013, real estate listed in the separate sheet (hereinafter “instant loan”) with the lease deposit amount of KRW 90,00,000; and (b) the lease term of May 18, 2015; (c) the Plaintiff received delivery of the instant loan from C and completed the move-in report on the instant loan; (d) the Defendant received the transfer of the ownership of the instant loan from C on September 15, 2015; (e) the Korea Asset Management Corporation notified the Plaintiff of the fact that it was entrusted with the public sale of the instant loan loan on July 12, 2016; and (e) the Plaintiff expressed his intent to terminate the lease agreement to the Defendant, respectively.

In light of the above facts, upon acquiring the ownership of the loan of this case from C, the Defendant succeeded to the status of C in relation to the loan of this case (Article 3(4) of the Housing Lease Protection Act), and as such, as the above lease contract was terminated, the Defendant is obligated to pay KRW 90,000,000 to the Plaintiff.

Meanwhile, the Plaintiff sought for the payment of delay damages in addition to the payment of the above lease deposit. However, unless there is any assertion or proof as to the Plaintiff’s performance of the obligation to deliver the loan of this case, the part of the claim for delay damages cannot be accepted.

The plaintiff's claim is justified within the scope of the above recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.

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