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(영문) 의정부지방법원 2019.07.23 2019가단5260
임대차보증금
Text

1. Defendant B pays to the Plaintiff KRW 105,000,000.

2. The plaintiff's claim against the defendant C is dismissed.

3...

Reasons

1. On October 17, 2016, the Plaintiff, against Defendant B, leased D and one parcel E apartment F (hereinafter referred to as “instant apartment”) from Defendant B for a deposit of KRW 105,00,000 for the remainder of November 30, 2018. The Plaintiff paid the full amount of the deposit and resided until now with the fixed date obtained on December 2, 2016.

On July 20, 2018, the Plaintiff notified Defendant B that the lease contract will not be renewed on several occasions after the expiration of the lease term.

[Defendant B] Therefore, Defendant B is obligated to return the deposit KRW 105,000,000 to the Plaintiff.

2. On July 12, 2017, the Plaintiff filed a claim against Defendant C for the return of the deposit with the purport that Defendant C, who completed the registration of ownership transfer on the instant apartment as of July 12, 2017, succeeded to the lessor’s status.

A transferee of a leased house is deemed to succeed to the status of a lessor (Article 3(4) of the Housing Lease Protection Act). However, since the cancellation of a fraudulent act on July 11, 2017, “B due to the cause” was cancelled on May 2, 2019, the obligation to return the deposit to Defendant C as a lessor of the instant apartment house cannot be deemed to have been fulfilled.

3. According to the conclusion, the judgment in favor of the Plaintiff on the Defendant B shall be rendered, and the judgment against the Plaintiff on the Defendant C shall be rendered against the Plaintiff.

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