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(영문) 청주지방법원 2017.09.21 2016나15113
임대차보증금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 29, 201, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with a limited liability company of the agricultural company, which is located in the Chungcheong-si and C (hereinafter “instant housing”) on the deposit amounting to KRW 60 million, and the term of lease from January 29, 2011 to 12 months (hereinafter “the instant lease agreement”). At the time of the Plaintiff, the Plaintiff agreed to substitute for the payment of the deposit amount of KRW 60,000,000,000,000,000, which was held in relation to the Middle-si, in lieu of the deposit amount.

B. On July 16, 2012, C was divided into E or F, and the site on which the instant housing was located was divided into “Y in Chungcheongnam-si,” and the road name address was implemented thereafter, changed to “H in Chungcheong-si,” upon the implementation of the road name address.

C. On August 10, 2010, the Plaintiff filed a move-in report to C in Chungcheongnam-si, Chungcheongnam-si, and filed a move-in report to I on September 29, 2010. On January 31, 2011, the Plaintiff again filed a move-in report to C in Chungcheongnam-si, Chungcheongnam-si.

On March 29, 2012, the Plaintiff filed a move-in report with J Apartment-si 208 Dong 1802, Kimpo-si, Kimpo-si, Kimpo-si, but filed a move-in report again on April 12, 2012 to Chungcheong City C (H in Chungcheongnam-si).

On December 29, 2014, the Defendant (Withdrawal) purchased the instant house from Jungwon, and completed the registration of ownership transfer under the name of the Defendant on February 6, 2015. On December 30, 2015, the Defendant sold the instant house to the Defendant Intervenor on December 30, 2015, and on January 21, 2016, the registration of ownership transfer under the name of the Intervenor acquiring the instant house was completed.

【Ground of recognition】 The fact that there is no dispute, Gap's 1 through 4, 6, Eul's 1 and 7, the purport of the whole pleadings

2. Determination as to the cause of action

A. The gist of the parties’ assertion 1) The Plaintiff acquired the status of lessee with opposing power under the Housing Lease Protection Act on the instant housing before the Plaintiff (Withdrawal and the Defendant Intervenor acquired the ownership of the instant housing before acquiring the ownership of the instant housing.

Therefore, the defendant acquisition intervenor, who is the transferee of the instant house, is the defendant.

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