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1. The judgment of the first instance, including the Plaintiff’s claim added in the trial, shall be modified as follows:
The defendant.
Reasons
1. The court's explanation on this part of the basic facts is identical to the corresponding part of the reasoning of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure Act
2. Judgment on the parties’ assertion
A. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 5 and 6 of the judgment on the cause of the claim, the Plaintiff: (a) transferred the instant apartment to E; (b) was appointed as the F on November 30, 2014, and completed the move-in report on December 24, 2014; and (c) the fact that E acquired the ownership of the instant apartment on July 1, 2014 in the auction procedure for the instant apartment, as seen earlier, that the Defendant became unable to perform its duty as the lessor who had the Plaintiff use and benefit from the instant apartment.
As such, the lease contract between the plaintiff and the defendant was terminated at that time.
I would like to say.
Therefore, the Defendant, barring special circumstances, is obligated to pay to the Plaintiff the deposit amount of KRW 40 million and the damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from December 25, 2014 to August 25, 2015 and 20% per annum prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment, which is clear that the date the Plaintiff received from December 25, 2014 to the date of delivery of the application for purport of the instant lease and for modification of the cause of the instant claim.
B. The defendant's assertion 1 is first asserted that the defendant's obligation to return the lease deposit to the plaintiff was extinguished by succession to E, a purchaser, on the premise that the plaintiff is a tenant with opposing power.
Therefore, the right of lease with registered or opposing power is extinguished when real estate for auction purposes is sold at auction, and the successful bidder can not be considered to be included in the transferee of the leased house as stipulated in Article 3 of the Housing Lease Protection Act.