(영문) 대구지방법원포항지원 2020.11.17 2020가단104260

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(영문) 대구지방법원포항지원 2020.11.17 2020가단104260

임대차보증금

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The defendant's delivery of the building in North-gu C and D from the plaintiff at port and at the same time, KRW 45,00,000 to the plaintiff.

Reasons

1. Case summary and judgment

A. On April 28, 2015, the Plaintiff: (a) since the lease of the instant house from E, the former owner of the instant house (hereinafter “instant house”) as indicated in the Disposition No. 1 (hereinafter “instant house”) was renewed, the Plaintiff paid the said lease deposit to E as of July 28, 2019; and (b) the Plaintiff had already resided in the instant real estate after the completion of resident registration as of January 5, 2009; and (c) the Defendant (the Defendant’s punishment is the Defendant) completed the registration of ownership transfer from E on November 23, 2018 on the ground of public sale as of November 13, 2018.

[Dissenting] The fact that the instant house was donated on May 23, 2019 and completed the registration of ownership transfer on May 27, 2019, and that the instant complaint containing the Plaintiff’s (the premise of the Plaintiff’s claim for return of lease deposit)’s intent to terminate the lease contract was reached to the Defendant on July 19, 2020 is recognized by comprehensively taking account of the overall purport of the pleadings in each of the statements in subparagraphs A and 5 (including the provisional number).

(b) Where a lessee has an opposing power pursuant to Article 3 (1) of the Housing Lease Protection Act, the transferee or the person who succeeds to the right to lease the leased house pursuant to paragraph (4) of the same Article shall be deemed to succeed to the status of the

As seen earlier, the Plaintiff entered into a lease agreement with E, the former owner, and completed a move-in report after accepting the transfer of the instant house. The Defendant succeeded to the lessor’s status by taking over the ownership of the instant house from E through B, and the said lease agreement terminated on October 19, 2020 according to the Plaintiff’s termination notice. As such, the Defendant is obliged to return the said lease deposit amount of KRW 45,000,000 from the Plaintiff as well as the said lease deposit.

2. The plaintiff's claim for conclusion.

참조조문

-주택임대차보호법 제3조 제1항

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