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(영문) 춘천지방법원원주지원 2020.06.12 2019가단57741
보증금반환
Text

1. Defendant B’s KRW 60,000,000 as well as 5% per annum from June 1, 2019 to November 11, 2019, respectively, to the Plaintiff.

Reasons

On March 30, 2015, the Plaintiff leased the instant building to Defendant B and paid the lease deposit to Defendant B by setting the lease deposit from April 25, 2015 to April 25, 2017 for the purpose of living a garden (hereinafter “instant building”) from Defendant B, which was divorced from the Plaintiff’s legal spouse on September 27, 2016 as division of property on the instant building and its location, and accordingly, Defendant C completed the registration of ownership transfer on the instant building’s location, but still remains in the name of the instant building, and the Plaintiff did not dispute between the parties to the instant building and the purpose of leaving the building on May 31, 2019.

As the party to a lease agreement, Defendant C, as the party to the lease agreement, was jointly transferred the ownership of the leased object through voluntary adjustment, and the Plaintiff is jointly obligated to pay the above lease deposit amount of KRW 60,000,000 to the Plaintiff.

On the other hand, Defendant B asserted that Defendant C was exempted from the obligation to return the lessor’s status and the lease deposit under the Housing Lease Protection Act, while Defendant C was the party to the lease agreement and Defendant B was responsible for the Plaintiff’s lease deposit at the time of the divorce lawsuit. The Plaintiff did not comply with the said promise, inasmuch as the ownership of the instant building was transferred to Defendant C through the conciliation of divorce lawsuit.

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