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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.
Reasons
1. Determination on the cause of the claim
A. (1) On June 15, 2015, the Plaintiff entered into a contract with the Defendant on the lease deposit of KRW 30 million, monthly rent of KRW 500,000,000, and the lease period from June 30, 2015 to June 30, 2016 (hereinafter “instant lease contract”), and completed the move-in report after the Plaintiff transferred the instant house on June 30, 2015.
(2) On August 3, 2015, the Plaintiff agreed to conclude the instant lease agreement with the Defendant and delivered the instant house to the Defendant, and subsequently, received KRW 20 million out of the deposit money for lease of the instant house from the F, which is the cause of the business of opening the real estate as a broker for the sale and purchase between the Defendant and E on August 3, 2015.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings
B. According to the above facts of determination, the defendant is obligated to pay to the plaintiff 10,000,000 won in the balance of the unpaid lease deposit with respect to the housing of this case and damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act and 15% 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, where it is deemed reasonable for the defendant to dispute as to the existence or scope of the obligation to perform the lease of this case from August 4, 2015, the following day after the agreement on the lease of this case was terminated.
2. Judgment on the defendant's assertion
A. The assignee of a rental house that meets the requirements for setting up against the obligor under the Housing Lease Protection Act succeeds to the status of the lessor, and where the rental house is transferred, the transferee succeeds to the entire rights and obligations under the lease contract of the lessor as it is, and as a result, the transferee is exempt from the obligation to return the lease deposit