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1. The Defendant shall pay to the Plaintiff KRW 39,00,000 and the interest rate of KRW 15% per annum from July 12, 2016 to the day of full payment.
Reasons
1. Facts of recognition;
A. On February 28, 2012, the Plaintiff leased the lease deposit amount of KRW 39 million from C, 601, 201, 39,000,000 from March 1, 2012 to February 28, 2013 (hereinafter “instant lease contract”), and completed the move-in report of the instant house on December 11, 2008.
B. On November 30, 2015, the Defendant completed the registration of transfer of ownership on the instant housing on November 15, 2015.
C. On March 7, 2016, the Plaintiff completed the registration of housing lease on March 10, 2016 on the basis of the order of lease registration on the instant housing, which was issued on March 7, 2016, and delivered the instant housing to the Defendant.
[Recognition] Facts without dispute, Gap 1 and 2 evidence, the purport of the whole pleadings
2. The opposing power arises when the claimant and the lessee have completed the delivery and resident registration of the leased house (Article 3(1) of the Housing Lease Protection Act), and so long as the plaintiff entered into the instant lease agreement with C and completed the moving-in report after receiving it, the opposing power under the Housing Lease Protection Act has occurred. The defendant, the transferee of the leased house, succeeded to the lessor status under the Housing Lease Protection Act pursuant to Article 3(4) of the Housing Lease Protection Act.
At the time of the purchase of the instant house, the Defendant argued to the effect that, not only the seller, C is responsible for the lease deposit under the instant lease agreement, but also the Plaintiff concluded a lease contract after the establishment of prior collateral security on the instant house, and thus does not have any opposing power based on the lease. However, when the lessee has completed the delivery and resident registration of the leased house, the status of the lessor as the assignee of the leased house is naturally succeeded to the status of the lessor, and even if the mortgagee who
(2) If there is a difference in the terms of this section.