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1. The defendant's intervenor simultaneously with the delivery of the building stated in the attached list from the plaintiff to the plaintiff 60,000.
Reasons
1. Basic facts
A. On January 29, 201, the Plaintiff leased a house C (hereinafter “instant house”) located in Chungcheongnam-si (hereinafter “instant house”) with a deposit of KRW 60,00,000, and the period from January 29, 2011 to December 12, 201 (hereinafter “the instant lease”). At the time, the Plaintiff decided to convert the Plaintiff’s existing bonds against the Plaintiff’s Middle-gu Airport into a deposit.
B. Chungcheong City D was divided into E or F on July 16, 2012, and the land on which the instant housing was located was divided into G in Chungcheongnam-si, and thereafter converted into the road name address thereafter, it was changed to H in Chungcheongnam-si.
C. On January 31, 201, the Plaintiff made a move-in report to H in Chungcheongnam-si. D.
On December 29, 2014, the Defendant (Withdrawal) purchased the instant housing from middle-income bracket. On December 30, 2015, the Defendant sold the instant housing to the Intervenor and completed the registration of ownership transfer on January 21, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings
2. The assertion and judgment
A. According to the facts of the judgment on the cause of the claim, barring any special circumstance, the Plaintiff acquired the opposing power stipulated by the Housing Lease Protection Act (the date of delivery if the transfer took place after delivery) around January 31, 2011, which made a move-in report to H in Chungcheongnam-si, where the instant housing was located, and thereafter, the Defendant (Withdrawal) who acquired the ownership of the instant housing and the Defendant’s receiver succeeded in succession to the obligation to refund the lease deposit to the Plaintiff. Thus, the Defendant’s intervenor is obliged to return the lease deposit to the Plaintiff at the same time as the transfer of the instant housing from the Plaintiff.
(The plaintiff at least expressed his/her intent to terminate the lease contract of this case with the filing of the lawsuit of this case, and later three months have passed). (B)
(1) The instant housing is G.W. at the Haju-si.