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(영문) 대전지방법원서산지원 2020.11.24 2020가단54277
보증금반환
Text

The successor number shall be KRW 98 million to the plaintiff simultaneously with the delivery of apartment units listed in the attached list from the plaintiff.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings in Gap evidence Nos. 1 through 3 and Eul evidence Nos. 1 as to the cause of the claim, the plaintiff entered into a lease agreement with the defendants on June 13, 2016, setting the lease deposit amount of KRW 99.8 million with respect to the apartment units listed in the separate sheet (hereinafter "the apartment units of this case") from June 28, 2016 to June 27, 2018. ② The above lease agreement has been renewed and continued, and the plaintiff clearly expressed his/her intention to terminate the contract to the defendants on the grounds of the commencement of rehabilitation procedures, etc. of the contract. The copy of the complaint of this case was delivered to the defendants around July 27, 202, and around that time, the above lease was terminated due to the delivery of the copy of the complaint of this case to the plaintiff and the defendants, and ③ the registration of ownership transfer was terminated on each of the grounds of succession on August 20, 2008.

According to the above facts of recognition, the successor transferee acquired ownership of the apartment of this case and succeeded to the status of the defendants as lessor under a lease agreement between the plaintiff and the defendants.

Therefore, the successor is obliged to deliver the apartment of this case from the plaintiff to the plaintiff as a result of the termination of the above lease contract, at the same time, to pay the lease deposit of 9.8 million won to the plaintiff, and to pay damages for delay calculated at the rate of 5% per annum from the day after the day when the apartment of this case is delivered by the plaintiff to the day when the above 9.8 million won is fully repaid.

On the other hand, according to the acquisition by the assignee of the apartment of this case for which the plaintiff maintains opposing power, the status of the lessor under the existing lease agreement is also exempted from the obligation, and it is existing against the plaintiff of the defendants.

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