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(영문) 부산지방법원 2015.10.13 2015가단200469
임대차보증금
Text

1. The Defendant’s KRW 45,00,000 as well as 5% per annum from March 29, 2015 to October 13, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 9, 2012, the Plaintiff entered into a lease agreement with C by setting the lease deposit amount of KRW 45,000,000, and KRW 24 months from the delivery date with respect to the leased house D 202 (hereinafter “instant leased house”).

B. On November 11, 2012, the Plaintiff received the instant leased housing. On November 27, 2012, the Plaintiff completed a move-in report for resident registration with the instant leased housing.

C. C sold the instant leased house to E on July 17, 2014, and E sold the instant leased house to the Defendant on September 27, 2014, and the Defendant completed the registration of ownership transfer on October 8, 2014.

On March 27, 2015, the Plaintiff delivered the instant leased house to the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. According to the above findings of the determination as to the cause of the claim, the instant lease agreement terminated on November 11, 2014 with the expiration of the period of validity.

In addition, the defendant who acquired the leased house in this case and succeeded to the status of the lessor is obligated to pay to the plaintiff who acquired the opposing power the amount of KRW 45,00,000 and damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from March 29, 2015 to October 13, 2015, which is the date of the delivery of the leased house in this case, and 20% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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