(영문) 대전지방법원홍성지원 2020.11.11 2020가단1165

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(영문) 대전지방법원홍성지원 2020.11.11 2020가단1165

전세보증금

Text

Defendant C shall pay to the Plaintiff KRW 140 million with a interest rate of 12% per annum from March 31, 2020 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On January 23, 2018, the Plaintiff leased, from Defendant B, the E Apartment F (hereinafter “instant apartment”) with the lease deposit of KRW 140 million and the lease deposit of KRW 60 million from February 7, 2018 to February 6, 2020, the Plaintiff paid KRW 140 million.

B. The Plaintiff made a move-in report on the instant apartment immediately after the lease agreement, and thereafter made a move-in report to another place. However, the Plaintiff’s husband made a move-in report on the said apartment before the Plaintiff made a move-in report to another place, and the said move-in report was maintained until the Plaintiff re-in report to the instant apartment.

C. On July 3, 2019, Defendant B sold the instant apartment to Defendant C, and Defendant C completed the registration of ownership transfer on July 4, 2019.

The plaintiff expressed that the defendant C had no intent to renew the contract before the termination of the above lease contract.

[Reasons for Recognition] Facts without a partial dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination on the cause of the claim

A. In the event that the ownership of the subject matter of chonsegwon is transferred after the right to lease on a deposit basis was established, the settlor of chonsegwon or the owner, who is the party to legal relations such as the claim for repayment, extinguishment, claim for renewal, increase or decrease of the deposit money, restoration to original state, etc. arising from the relationship between the right to lease on a deposit basis and the new owner who acquired the ownership of the subject matter, shall be deemed to continue to exist with the same content between the person having chonsegwon and the new owner who acquired the ownership of the subject matter. Therefore, the new owner of the subject matter is the direct party to the right to lease on a deposit basis established between the former owner and the person having chonsegwon, and when the right

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