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(영문) 서울서부지방법원 2019.11.08 2019가단221973
보증금반환
Text

1. The defendant shall pay KRW 160,000 to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Comprehensively taking account of the purport of the entire pleadings as to the entries in Gap evidence Nos. 1 through 4, the Plaintiff: (a) leased the Seodaemun-gu Seoul Metropolitan Government D Building E (hereinafter “instant real estate”) from C to March 31, 2016; (b) paid the lease deposit to C at around that time; and (c) moved into the move-in report on April 1, 2016; (d) the Defendant was awarded the bid for the instant real estate on December 14, 2018; and (e) sent a text message to the Plaintiff on January 11, 2019; and (e) the Defendant sent the text message to the Plaintiff on January 29, 2019 to the maximum extent possible if the director agreed to transfer the lease deposit to the Plaintiff.

After the lapse of three months, the current situation that does not take any measure can not move at low level.

4. Until 30. 30., the deposit shall be prepared once again.

It is recognized that ‘the sending of text messages' has been accepted.

2. Determination

A. According to the Housing Lease Protection Act by the Defendant’s succession to a lessor, even in cases where there is no registration, the lease takes effect against a third party from the following day when the lessee completes the delivery of a house and the resident registration, and in such cases, it shall be deemed that the resident registration was made at the time of the moving-in report (Article 3(1)). Moreover, the transferee of the leased house is deemed to have succeeded to the status of the lessor (Article 3(4)). Therefore, the move-in report is made on April 1,

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