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(영문) 대전지방법원서산지원 2020.11.04 2020가단51919
임대차보증금
Text

1. The Defendants’ successors to the Plaintiff:

A. The delivery of real estate stated in the separate sheet from the Plaintiff is limited.

Reasons

1. The following facts can be acknowledged in light of the contents of evidence Nos. 1 to 3 of fact-finding.

On April 2, 2014, the Plaintiff entered into a contract with the Defendants to lease the instant real estate owned by the Defendants by setting the lease deposit of KRW 105,100,000, monthly rent of KRW 510,000, and KRW 2 years following the expiration of the initial designation period for occupancy.

B. After that, the Plaintiff agreed to substitute the monthly rent with the Defendants as a deposit for lease deposit, and changed the lease contract of this case to the end of March 3, 2020 with the term of lease deposit 129,90,000,000, and the term of lease.

C. On March 3, 2015, the Plaintiff completed a move-in report to which the instant real estate was located as a resident registration address.

In addition, upon the expiration of the term of the instant lease agreement, the Plaintiff filed the instant lawsuit against the Defendants seeking the return of the lease deposit, and the complaint reached April 29, 2020 with Defendant B Co., Ltd, and April 16, 2020 with Defendant C Co., Ltd.

E. On the other hand, on July 21, 2020, while the lawsuit of this case was pending, the successor acquired the ownership of the real estate of this case, and the plaintiff submitted to this court an application for intervention against the successor. On October 7, 2020, the court rendered a decision ordering the successor to take over the lawsuit of this case.

2. Determination

A. Even when the lease is terminated due to the expiration of the term of validity or the agreement of the parties with respect to the lease with the opposing power to determine the number of successors, the lessee is deemed to continue to exist until the deposit is returned pursuant to Article 4(2) of the Housing Lease Protection Act. In such a case where the real estate which is the object of lease is transferred in such a situation, the status of the lessor as the lessor is naturally succeeded to the status of the assignee when the lease is terminated and the transferee succeeds to the status of the lessor

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