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(영문) 대전지방법원서산지원 2020.11.18 2020가단52417
보증금반환
Text

1. The number of the Defendants’ successors shall be KRW 99,800,000 to the Plaintiff as well as the year from July 21, 2020 to July 23, 2020.

Reasons

1. The following facts can be acknowledged in full view of the evidence No. 1 to No. 4 of fact-finding.

On January 23, 2014, the Plaintiff entered into a contract with the Defendants for lease (hereinafter “instant lease”) with the lease deposit amount of KRW 90,300,000, monthly rent of KRW 420,00, and KRW 2 years from the day following the expiration of the initial period of designation of occupancy (hereinafter “instant lease”).

B. On January 23, 2014, the Plaintiff amended the instant lease agreement to substitute monthly rent with the Defendants as a deposit for lease deposit, with the agreement to change the lease deposit amount to the end of February 25, 2020, and the lease term to the end of February 25, 2020.

C. On February 25, 2015, the Plaintiff: (a) completed a move-in report with the instant real estate as its domicile on the resident registration; (b) resided in the instant real estate; and (c) subsequently, on April 27, 2020 after the instant lease agreement was implicitly renewed, the Plaintiff expressed the Defendants’ intent to terminate the instant lease agreement.

In addition, the Plaintiff filed the instant lawsuit against the Defendants seeking the return of the lease deposit of this case, and the complaint reached the Defendant B Co., Ltd. on May 25, 2020, and the Defendant C Co., Ltd on May 11, 2020.

E. On July 20, 2020, the Plaintiff delivered the instant real estate to the Defendants.

F. On the other hand, on July 21, 2020, while the lawsuit of this case was pending, the successor acquired the ownership of the real estate of this case, and the plaintiff submitted to this court an application for intervention against the successor. On October 14, 2020, the court ordered the successor to take over the lawsuit of this case.

2. Determination

(a) Even if the lease is terminated due to the expiration of the period of validity or the agreement of the parties in determining the number of successors, the lessee shall be a security deposit in accordance with Article 4(2) of the Housing Lease Protection Act;

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