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(영문) 수원지방법원안산지원 2020.08.21 2019가단79414
임차보증금반환
Text

The defendant shall deliver real estate stated in the attached list from the plaintiff to the plaintiff at the same time. 180,000,000 won shall be applied to the plaintiff.

Reasons

1. Facts of recognition;

A. On July 30, 2016, the Plaintiff leased the real estate listed in the separate sheet (hereinafter “instant real estate”) from Nonparty B by setting the lease deposit amount of KRW 180 million and the lease term as of September 2, 2018.

(hereinafter “instant lease agreement”). B.

The Plaintiff paid KRW 180 million to Nonparty B by September 2, 2016 under the instant lease agreement, and completed the move-in report and occupied and used the instant real estate after completing the move-in report.

C. Meanwhile, on July 26, 2019, the Defendant completed the registration of ownership transfer due to a compulsory auction on the 25th of the same month with respect to the instant real estate.

On August 5, 2019, the Plaintiff notified the Defendant of the termination of the instant lease agreement, which was impliedly renewed.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 7 evidence, purport of the whole pleadings

2. According to the facts of the determination as to the cause of claim, the Defendant succeeded to the status of a lessor under the instant lease agreement (Article 3(4) of the Housing Lease Protection Act), and the instant lease agreement was lawfully terminated on November 5, 2019, three months after the notification of the intention of termination.

(Article 6-2(2) of the Housing Lease Protection Act. Therefore, the Defendant is obliged to pay the Plaintiff KRW 180,000,000 to the Plaintiff simultaneously with the delivery of the instant real estate from the Plaintiff.

(B) The defendant asserted that the plaintiff is a false tenant, but the evidence submitted by the defendant alone is insufficient to reverse the above recognition, and there is no counter-proof. 3. Thus, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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