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1. The Defendant’s KRW 75,00,000 and its amount shall be 5% per annum from October 7, 2019 to November 13, 2019 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On August 21, 2017, the Plaintiff leased the F Building G from D and E (hereinafter “instant apartment”) of the rental term from September 2, 2017 to September 1, 2019, the lease deposit was set at KRW 75 million (hereinafter “instant lease contract”), and the said lease deposit was paid to D and E.
B. After that, the Defendant purchased the instant apartment from D and E on March 5, 2019, and completed the registration of ownership transfer on the said apartment on 14th of the same year.
C. On June 1, 2019, the Plaintiff notified the Defendant that he/she had no intent to renew the instant lease agreement.
After the expiration of the term of the instant lease agreement, the Plaintiff was unable to receive the lease deposit from the Defendant. On September 10, 2019, the Plaintiff delivered the instant apartment to the Defendant on October 7, 2019 after the lease registration was completed on September 18, 2019 by the Suwon District Court Decision 2019Kao597, the order of lease registration was issued and completed on September 18, 2019.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. According to the facts of the above recognition, since the lease contract of this case was terminated on September 1, 2019, the buyer of the apartment of this case, who succeeded to the lessor status of the above lease, is obligated to pay damages for delay calculated at the rate of 75 million won per annum as stipulated in the Civil Act from October 7, 2019, the date of delivery of the plaintiff's apartment, to November 13, 2019, the delivery date of the original copy of the payment order of this case, and 5% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.
3. Conclusion, the plaintiff's claim of this case is justified and acceptable.