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(영문) 서울남부지방법원 2020.01.23 2019가단210851
보증금반환
Text

1. The defendant shall be the plaintiff.

(a) KRW 30,00,000, and 5% per annum from March 1, 2019 to January 23, 2020; and

Reasons

1. In full view of the purport of the pleadings as indicated in the evidence Nos. 1 through 3, 5, 6, and 4-1 and 2, the Plaintiff leased a building listed in the separate sheet (hereinafter “instant building”) from C on February 4, 2016 by setting the deposit amount of KRW 190,00,000, and the period of February 5, 2017, and paid KRW 190,000,000 to C; the Plaintiff transferred the instant building from C and completed the resident registration on February 23, 2016; the Defendant purchased the building of this case from C on May 4, 2018 and completed the registration of ownership transfer on May 14, 2018; the Plaintiff notified the Defendant’s agent of the return of the deposit amount of KRW 190,00,000,000,000,000,0000,000.

2. The judgment on the cause of the claim becomes effective against the third party following the day when the lessee completes the delivery of the house and the resident registration (Article 3(1) of the Housing Lease Protection Act), and the transferee of the leased house is deemed to succeed to the lessor’s status (Article 3(4) of the Housing Lease Protection Act). Inasmuch as the lease of the building of this case is terminated by the Plaintiff’s notice of termination, barring any special circumstance, the Defendant, the transferee of the building of this case, is obligated to return the remaining deposit amount of KRW 180,00,000 (=190,000,000 - 10,000,000) to the Plaintiff as a person who succeeds

As to its scope, the Plaintiff sought payment of KRW 40,00,000,000, which stated that D will first return out of KRW 180,000,000, and sought payment of the remainder of KRW 140,000 (=180,000,000 - 40,000) due to the delivery and redemption of the instant building.

However, it is reasonable to view that the Plaintiff’s deposit KRW 10,000,000, which was paid, was paid out of KRW 40,000,00, which was first refunded.

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