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The plaintiff's claim against the defendants is dismissed in entirety.
Litigation costs shall be borne by the plaintiff.
Reasons
Basic Facts
On October 20, 201, the Plaintiff entered into a lease agreement with Defendant B and Defendant C, who owned the instant land, setting the lease deposit amount of KRW 50 million and the lease term as of October 19, 201, with respect to the area of KRW 717 square meters (hereinafter “instant land”) and the area of KRW 98.84 square meters (hereinafter “instant housing”). The Plaintiff paid the Defendants the lease deposit amount of KRW 50 million.
With respect to the instant land and building, the registration of transfer of E’s ownership on April 18, 2012, and the registration of transfer of F’s ownership on August 20, 2014 were made in sequence.
[Grounds for recognition] In the absence of dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1-1, 2-2, the argument of the purport of the whole pleadings, and the purport of the plaintiff's argument by the plaintiff in the judgment party, around August 2013, which is prior to the expiration of the term of lease, the plaintiff requested the defendant B to prepare the bond by notifying the defendant B that he did not intend to extend the contract, and the defendant B delegated all of the bonds to G and notified G of the contact point.
G, the representative of the Defendants, prepared a written confirmation of KRW 50 million on October 19, 2013, and prepared and proposed a cash storage certificate on July 30, 2014. Even if ownership of the instant housing and land changes, the said Plaintiff’s raising of objection did not succeed to the lessor’s status.
The instant lease agreement was terminated on October 19, 2013, and the Plaintiff delivered the instant housing and land on May 8, 2015, and thus, the Defendants are jointly and severally liable to pay the Plaintiff the lease deposit amounting to KRW 50 million and delay damages from the day following the date of delivery.
The main point of the Defendants’ assertion is that the ownership of the instant housing and land was transferred in sequence to E and F, and the lessor’s status was succeeded in sequence under the instant lease agreement, and the Defendants’ obligation to return the lease deposit was exempted.