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(영문) 서울북부지방법원 2015.11.19 2014가합7982
전세금반환
Text

1. The defendant shall deliver the building indicated in the attached list from the plaintiff to the plaintiff at the same time, and at the same time, KRW 135,00,000 to the plaintiff.

Reasons

1. Determination as to the cause of claim

A. 1) On October 31, 2012, the Plaintiff is a building listed in the attached Table C, which was owned by C on October 31, 2012 (hereinafter “instant housing”).

(2) From December 24, 2012 to December 24, 2014, the term of lease deposit KRW 135,000,000, and the term of lease was determined and leased to C. Around that time, the Plaintiff paid KRW 135,00,000 to C. (2) Around December 31, 2012, the Plaintiff completed the resident registration of the instant house, and was transferred the instant house from C and resided therein.

3) Since then, the ownership of the instant housing was transferred from C, which was a lessor of the said lease, to the Defendant on April 21, 2014 by completing the ownership transfer registration due to the purchase and sale as of April 18, 2014. [The fact that there is no dispute over the grounds for recognition, entry in the items of subparagraphs A and 3, and the purport of the whole pleadings.]

B. According to the above facts, the above lease was terminated upon the expiration of December 24, 2014, and the expiration of the term of validity. Since the Plaintiff received the instant house and completed the resident registration, the above lease has opposing power, and the Defendant, the transferee of the instant house, succeeded to the status of the said lessor.

Therefore, as the lease term expires due to the expiration of the lease term, the defendant who succeeds to the status of the lessor is obligated to pay KRW 135,000,000 to the lessee unless there is a special reason to the lessee.

2. The judgment of the defendant on the defense shall be the simultaneous performance defense that the plaintiff cannot respond to the plaintiff's claim until the plaintiff's transfer of the house of this case.

The plaintiff delivered the house of this case according to the above lease, and the above lease was terminated. The plaintiff has the duty to deliver the house of this case to the defendant, and the lessee's duty to deliver the object of the lease and the duty to return the lease deposit to the lessor upon the termination of the lease shall be fulfilled simultaneously.

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