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(영문) 광주지방법원순천지원 2017.11.09 2017가단8184
임차보증금반환
Text

1. The defendant shall deliver real estate stated in the attached list to the plaintiff at the same time, and at the same time, KRW 60,000 to the plaintiff.

Reasons

1. The Plaintiff seeking the return of the lease deposit against the Defendant, the present owner of the real estate listed in the attached Table (hereinafter “instant apartment”).

The Housing Lease Protection Act provides that "a lease shall take effect against a third party from the following day when a lessee completes the delivery of a house and the resident registration even if no registration is made. In such cases, a resident registration shall be deemed made at the time of a moving-in report (Article 3 (1)); and a transferee of a leased house shall be deemed a lessor's succession to the status of a lessor (Article 3 (4)); thus, the obligation to return a lease deposit shall be transferred to a transferee who succeeds to the status of a lessor and the obligation

(2) In light of the aforementioned legal principles, the Plaintiff concluded a lease contract on the instant apartment on January 31, 2008 with the limited liability company, and completed a move-in report with the fixed date on February 26, 2008, based on the following facts: (a) the Plaintiff extended the lease contract by way of renewal of the lease contract or alteration of part of the terms of the contract for the instant apartment after the lapse of February 11, 2016; (b) the lease deposit was increased to KRW 60 million; (c) the Plaintiff did not explicitly appeal the Plaintiff’s refusal to renew the lease contract on March 14, 2017 to the non-party 21, the Plaintiff did not have any objective intent to renew the lease contract after the expiration of the move-in report with the non-party 3, who was the owner of the instant apartment on February 26, 2016 (the term of lease was extended to KRW 60 million by March 14, 2017).

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