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1. The defendant takeover intervenor amounting to KRW 180,000,000 and 5% per annum from January 29, 2015 to March 4, 2015.
Reasons
1. Facts of recognition;
A. On December 7, 2012, the Plaintiff paid KRW 180,000,00,000 from the Defendant who was the owner at the time of Kimhae-si, Kim Jong-si, 905 Dong 2101 (hereinafter the “instant apartment”) for the lease period from December 14, 2012 to December 13, 2014 (hereinafter the instant lease contract”). On the same day, the Plaintiff paid the Defendant the down payment of KRW 18,00,000,000, and the remainder of KRW 162,00,000,000 from December 14, 2012.
B. After December 31, 2012, the Plaintiff moved into the instant apartment and completed the move-in report on January 10, 2013.
C. The Plaintiff expressed his/her intent to refuse to renew the instant lease agreement to the Defendant orally on October 2014, prior to the month prior to the expiration of the lease term.
On December 23, 2014, when the instant lawsuit was pending, the Defendant’s acquisition intervenor purchased the instant apartment from the Defendant for KRW 290,000,000, and participated in the instant lawsuit following the completion of the registration of ownership transfer on December 24, 2014.
E. Meanwhile, even after the expiration of the term of the instant lease agreement, the Plaintiff continued to possess the instant apartment even after the expiration of the term of the lease, and delivered the instant apartment to the Defendant Intervenor on January 28, 2014 after completing the registration of the housing lease on the instant apartment on January 13, 2015.
[Ground of recognition] Evidence A through 7, Evidence A No. 12, and fact-finding results of this court's Kimhae-si E-Dong, the order of submission of documents to the defendant acquiring intervenor and the purport of the whole pleadings
2. According to the provisions of Article 3(1) and (3) of the Housing Lease Protection Act (amended by Act No. 12043, Aug. 13, 2013), where a leased house is transferred after the opposing power is satisfied, the transferee succeeds to the status of the lessor and the obligation to return the deposit is also the ownership of the house.