beta
Text
1. The Defendants jointly share KRW 120,000,000 to the Plaintiff and Defendant B with respect thereto from March 31, 2017.
Reasons
1. Basic facts
A. On January 26, 2015, the Plaintiff entered into a lease agreement with C to lease a deposit of KRW 120 million (hereinafter “instant deposit”) from the Gwanak-gu Seoul Special Metropolitan City D Building (hereinafter “instant housing”) and the period from February 28, 2015 to February 27, 2017 (hereinafter “instant lease agreement”), and paid a deposit to C, and completed the move-in report and the fixed date of resident registration on January 30, 2015.
B. The Defendant B purchased the instant housing from C on August 11, 2015, and thereafter purchased the instant housing from C, for the same year.
9.2. At the same time, the registration of ownership transfer was completed under the name of Defendant Asian Trust Co., Ltd. (hereinafter “Defendant trust company”) on August 28, 2015 (hereinafter “instant trust contract”).
C. The Plaintiff notified the Defendants that they would not renew the instant lease agreement. Around February 2017, the Plaintiff requested the Defendants to return the instant deposit with the declaration of refusal to renew the lease agreement, along with the declaration of refusal to renew the lease agreement, and on February 27, 2017, the Plaintiff also ordered the Defendants to implement the instant house with the resident registration only on the instant house.
[Reasons for Recognition] Defendant B: Defendant trust company that made a confession: Each entry in the evidence Nos. 1 through 5, and the purport of the whole pleadings
2. Determination as to the cause of action
A. According to the above basic facts with respect to Defendant B, Defendant B is obligated to pay to the Plaintiff the deposit of this case KRW 120 million and delay damages therefor.
B. Article 3(4) of the Housing Lease Protection Act of Defendant trust company includes the transferee of the leased house or any other person who succeeds to the right to lease the leased house.
shall be deemed to succeed to the status of the lessor.
The right to lease a house is defined as "the right to lease a house for the transferee of a leased house which is deemed to have succeeded to the status of the lessor under the above provision."