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1. The defendant shall pay 50,000,000 won to the plaintiff.
2. The costs of the lawsuit are assessed against the defendant.
3.Paragraph 1.
Reasons
1. Basic facts
A. 1) The Plaintiff entered into a lease agreement with C on April 30, 2012, as indicated in the separate sheet from C (hereinafter “instant real estate”).
) A lease agreement stating that B shall be leased from April 30, 2012 to April 29, 2013 (hereinafter “instant lease agreement”) for a deposit of KRW 50 million and the period from April 30, 2012 (hereinafter “instant lease agreement”).
(2) The Plaintiff entered into a contract on April 30, 2012 and the same year.
7. 28. 2. 2. A total of KRW 50 million was paid to C on two occasions.
3. On April 30, 2012, the Plaintiff occupied and started to use the instant real estate upon delivery, and the same year.
5.1. The move-in report shall be completed with respect to the instant real estate.
B. After the termination of the instant lease agreement, the Plaintiff did not receive a refund of deposit amounting to KRW 50 million, even though the instant lease agreement had been implicitly renewed on April 29, 2014.
C. On March 27, 2012, the registration date for the purpose of ownership transfer registration, the ownership transfer D 2 transfer on May 15, 2012, and the ownership of the instant real estate was transferred as indicated below on March 18, 2014, the sales transaction of which on March 18, 2014, E 4 August 27, 2014, on sale on May 18, 2014.
[Ground of recognition] Facts without dispute, each entry in Gap 1 through 6 (including virtual number), the purport of the whole pleadings
2. Determination
A. Article 3(3) of the Housing Lease Protection Act provides that a lessee who refers to a rental house subject to the Housing Lease Protection Act shall be deemed to have succeeded to the status of a lessor, which is the object of a lease that meets the requirements for counterclaim as stipulated under Article 3(1) of the said Act (hereinafter “rental house”). Therefore, in the event that a rental house is transferred, the transferee succeeds to the entire rights and obligations of a lessor under a lease agreement by combining the ownership of the house with the ownership of the house and the result thereof.