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1. The Defendant’s KRW 48,351,00 and the Plaintiff’s annual rate of KRW 5% from March 1, 2019 to February 4, 2020.
Reasons
1. Facts of recognition;
A. On December 1, 2015, C leased Suwon-gu D Apartment E (hereinafter “instant apartment”) from the Defendant to KRW 50 million, monthly rent of KRW 1.2 million, and the period from December 1, 2015 to May 26, 2016, and C and the Defendant agreed to change the lease period from April 27, 2016 to June 2018.
B. On November 28, 2016, C transferred to F the claim for the return of the lease deposit with respect to the instant apartment to F, and on December 19, 2016, C notified the Defendant of the transfer.
C. The F died on November 8, 2018, and the heirs, including the Plaintiff, agreed on the Plaintiff’s right to return the lease deposit for the instant apartment.
C Around February 2019, the apartment of this case was removed from the apartment of this case, and the Defendant sent text messages to the Plaintiff that the new lessee would return the deposit if the new lessee is sought.
[Ground of recognition] The descriptions of Gap evidence Nos. 1 through 8, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the deposit amount of KRW 50 million and the damages for delay from March 1, 2019, which is the day following the delivery of the instant apartment.
B. On June 1, 2018, the defendant defense that the lease term cannot be extended to the end of May 31, 2020, and thus the deposit cannot be returned. However, the agreement on the extension of the lease term made without the consent of the transferee after the notification of the transfer of the lease deposit is invalid against the transferee (see Supreme Court Decision 88Meu4253, Apr. 25, 1989). The defendant's defense is without merit. 2) The defendant asserts that the provisional attachment of the claim for the return of the lease deposit of this case against the plaintiff cannot respond to the plaintiff's claim, but it is recognized.