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(영문) 서울북부지방법원 2018.12.11 2018가단107586
보증금반환
Text

1. Defendant C pays to the Plaintiff KRW 170,000,000.

2. The plaintiff's primary claim against the defendant B and defendant D.

Reasons

1. Facts of recognition;

A. On February 29, 2016, Defendant B completed the registration of initial ownership of Seongbuk-gu Seoul E building F (hereinafter “instant real estate”) and completed the registration of ownership transfer on the ground of payment in kind on December 29, 2016 to Defendant C, the wife, around December 30, 2016.

B. On March 4, 2017, the Plaintiff entered into a lease agreement with Defendant C by setting the lease deposit of KRW 170,000,000 for the instant real estate, from March 25, 2017 to March 24, 2019 (hereinafter “instant lease agreement”), and paid all the lease deposit.

C. Around April 27, 2017, Defendant D completed the registration of ownership transfer for the instant real estate on April 26, 2017.

On February 26, 2018, the Plaintiff became aware of the change of the owner of the instant real estate, and around March 31, 2018, notified Defendant C of the instant lease agreement to the effect that “The instant lease agreement is terminated, as it does not want to succeed to the lease status, and the instant lease deposit is returned.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. The plaintiff's assertion

A. Defendant B and C are joint lessees of the instant lease agreement. Since the Plaintiff’s termination notice of the instant lease agreement was terminated, Defendant B and C are jointly obligated to refund the lease deposit to the Plaintiff.

B. In the event that the lessor’s status was succeeded to Defendant D under the instant lease agreement with Defendant D, Defendant D is obligated to refund the said lease deposit to the Plaintiff.

3. Determination as to the primary claim against Defendant B and C

A. Even if the ownership of leased house is transferred by a sales contract between the lessor and the buyer, the lessee is a lessor in light of the legislative intent of the Lease Protection Act for the protection of the lessee.

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