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(영문) 청주지방법원 2020.08.28 2019가단5185
임대차보증금
Text

1. The Defendant’s succeeding intervenor shall pay to the Plaintiff KRW 145,00,000 as well as the interest rate from October 1, 2019 to the day of full payment.

Reasons

1. Facts of recognition;

A. On February 18, 2017, the Plaintiff leased the 145,000,000 lease deposit (hereinafter referred to as the “lease deposit”) from D and E, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Cheongju (hereinafter referred to as the “instant housing”) and completed the move-in report on resident registration on February 20, 2017, by setting the lease deposit as of March 14, 2019 (hereinafter referred to as the “lease”).

B. On April 12, 2019 after the termination of the lease of this case, the Plaintiff completed the registration of the lease of this case on May 2, 2019, subject to the order of lease registration by the Cheongju District Court 2019Kao59.

C. Defendant B purchased the instant house on May 24, 2018 and completed the registration of ownership transfer in Defendant B’s name.

The defendant succeeding Intervenor C purchased the instant house on July 23, 2019 while the instant lawsuit was pending, and completed the registration of ownership transfer in the name of the defendant succeeding intervenor on July 25, 2019.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. According to the above facts of recognition, the lease of this case terminated to the expiration date.

As such, the lessor of the lease of this case is obligated to return the lease deposit to the Plaintiff.

However, as to who is liable for return, Article 3(3) of the Housing Lease Protection Act provides that the assignee of a rental house (hereinafter “rental house”) which is the object of a lease meeting the requirements for counterclaim as stipulated in Article 3(1) of the same Act shall be deemed to have succeeded to the status of a lessor. Thus, it shall be deemed that the legal obligatory succession provisions apply to the transfer of a rental house. As such, if a rental house is transferred, the transferee succeeds to the entire rights and obligations of a lessor under a lease contract in combination with the ownership of a house, and as a result, the transferee is exempted from the obligation to return a lease deposit, and the transferor is against the lessee by withdrawing from the lease relationship.

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