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(영문) 대전지방법원천안지원 2015.01.27 2014가단3654
임대차보증금반환
Text

1. The defendant, among the real estate listed in the attached Form, has received 206 square meters from the plaintiff as well as 45,000 square meters from the plaintiff.

Reasons

1. Basic facts

A. On August 2, 2012, the Plaintiff leased a deposit of KRW 206No. 39.66m2, among the real estate listed in the attached Form (hereinafter “instant real estate”), which is a multi-family house owned by the Defendant, from the Defendant (hereinafter “the instant real estate”), by the period of August 19, 2014, the Plaintiff paid the deposit to the Defendant (hereinafter “the instant lease”), and completed the move-in report by moving the deposit to the said 206m2.

B. On June 19, 2013, the Defendant sold the instant real estate to C (hereinafter “instant sale”) and completed the registration of ownership transfer on July 2, 2013.

C. On January 3, 2014, the Plaintiff filed an objection to the instant transaction and notified the Defendant that the instant lease contract will be terminated.

[Ground of recognition] Unsatisfy, Gap 1-3 evidence (including paper numbers), Eul 1 evidence, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff raised an objection because it did not want to succeed to the status of the lessor between the Defendant and C, and thus, the obligation to refund the lease deposit of this case is still borne by the Defendant, the transferor.

Since the lease contract of this case terminated by the plaintiff's notice of termination, the defendant is obligated to return to the plaintiff KRW 45,000,000.

B. The Defendant, around July 2013, notified all lessees, including the Plaintiff, of the fact that he succeeded to the sale and purchase of the instant real estate and the lease deposit, and the lessee approved it and paid rent and management fee to C as a new owner at that time.

In other words, the obligation to return the lease deposit of this case was finally transferred to C around July 2013, and the obligation of the defendant was extinguished. Since the plaintiff's objection raised thereafter becomes effective, the plaintiff's claim cannot be complied with.

3. Where real estate which is the object of lease is transferred in the lease of a house with opposing power, the status of a lessor as a lessor is naturally to the transferee pursuant to Article 3 (4) of the Housing Lease Protection Act.

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