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(영문) 창원지방법원 2019.09.10 2019가단7160
임대차보증금반환
Text

1. The defendant shall pay 160,000,000 won to the plaintiff and 12% per annum from June 4, 2019 to the day of full payment.

Reasons

1. Facts of recognition;

A. On March 11, 2015, the Plaintiff entered into a lease agreement with C on Kimhae-si D apartment E (hereinafter “instant apartment”) with respect to the following terms:

(hereinafter referred to as “instant lease agreement”). - Lease: C (owner of the instant apartment): - Lease deposit: Plaintiff - Lease deposit: KRW 160,000,000 - Lease period: April 24, 2015 to April 24, 2017.

The Plaintiff paid C the lease deposit amount of KRW 30,000,000 on March 11, 2015, and KRW 130,000,000 on April 24, 2015, and KRW 160,00,000 on a total.

C. On April 23, 2015, the Plaintiff received a fixed date from the instant lease agreement and completed a move-in report on resident registration with the instant apartment as the domicile on April 24, 2015, and occupied the instant apartment after being transferred by C.

On the other hand, C sold the instant apartment and completed the registration of ownership transfer to F on January 14, 2019, and F sold the instant apartment to the Defendant on January 22, 2019 and completed the registration of ownership transfer on February 8, 2019.

E. On February 20, 2019, the Plaintiff notified the Defendant that the instant apartment contract was terminated, and that he/she would deliver the instant apartment by April 24, 2019.

F. On April 26, 2019, the Plaintiff filed an application for the order of lease registration on the instant apartment on May 9, 2019, for the order of lease registration with the Changwon District Court, Kimhae-si court, 2019Kau72, and completed the registration of the housing lease on the instant apartment on the basis of the instant lease agreement, and delivered the instant apartment

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 5, purport of whole pleading

2. Duty to refund lease deposit;

A. According to the above facts, the status of the lessor of the instant lease agreement was succeeded to the Defendant through F as the first lessor transferred the ownership of the instant apartment, and the transferee of the leased house under Article 3(4) of the Housing Lease Protection Act (including any other person who succeeded to the right to lease) succeeded to the status of the lessor.

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