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1. The defendant shall pay to the plaintiff KRW 400,000,000 as well as 5% per annum from January 17, 2019 to February 13, 2019, and the next day.
Reasons
1. Basic facts
A. On April 25, 2016, the Plaintiff concluded a lease agreement (the “instant lease agreement”) with C to lease the instant apartment from May 31, 2016 to May 31, 2018, setting the lease deposit amount of KRW 400 million and the lease term of the instant apartment from May 31, 2016 to May 31, 2018.
B. On May 31, 2016, the Plaintiff received the instant apartment from C, and completed the resident registration of the instant apartment on the same day and received a fixed date.
C. Meanwhile, from June 27, 2016 to June 27, 2016, the registration of ownership transfer for the instant apartment was completed on February 24, 2016.
The contract of this case was terminated upon the expiration of May 31, 2018.
E. After the termination of the instant contract, the Plaintiff, who did not refund the lease deposit, filed an application for the order of lease registration on the instant apartment with the Suwon District Court 2018Kadan10087, and received the decision of acceptance on June 21, 2018.
F. Since then, the Plaintiff moved his/her director and resident registration in the instant apartment, and the Plaintiff’s preparatory document on January 14, 2019, stating the Plaintiff’s password of the entrance of the instant apartment, was served on the Defendant on January 15, 2019.
In addition, on January 16, 2019, the Plaintiff completed the delivery of the instant apartment by delivering the key to the instant apartment to the Defendant on the second day for pleading of the instant apartment at issue.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. According to the above facts, according to the judgment on the cause of the claim, the defendant who succeeded to the status of the lessor of the apartment of this case from C, as the lessee, shall be deemed reasonable to dispute the existence or scope of the obligation of the defendant from January 17, 2019, which is the date following the delivery date of the apartment of this case.