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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Plaintiff’s assertion
On November 1, 2011, the Plaintiff leased 501 E, a multi-family housing, both D and 2 lots of land (hereinafter “instant loan”) from Nonparty C at KRW 40 million.
C on February 5, 2015, the Defendant sold the instant loan to the Defendant and completed the registration of ownership transfer.
Since May 14, 2015, the Plaintiff delivered the instant loan to the Defendant. The Defendant, who succeeded to the status of the lessor under the said lease, is obligated to pay the Plaintiff the lease deposit amount of KRW 40 million and damages for delay.
Judgment
According to the purport of the evidence Nos. 1 through 3, the Plaintiff: (a) leased the instant loan from C on November 1, 201 as the lease deposit amount of KRW 40 million, monthly rent of KRW 350,000, and KRW 24 months; and (b) thereafter, C sold the instant loan to the Defendant on February 5, 2015 and completed the registration of ownership transfer on March 27, 2015; and (b) the Plaintiff transferred the instant loan to the Defendant on May 14, 2015, respectively.
Furthermore, with respect to whether the Plaintiff may seek the return of the lease deposit to the Defendant, who is not a party to the lease contract, the lease becomes effective as against the third party from the following day after the lessee completed the delivery of the house and resident registration, and the transferee of the leased house is deemed to succeed to the status of the lessor (Article 3(1) and (4) of the Housing Lease Protection Act). As the Plaintiff voluntarily recognized, the said lease was not subject to the opposing power against the third party since the Plaintiff did not complete the resident registration on the instant loan after the lease contract.
Therefore, since the defendant is not a party to a lease contract and does not succeed to the status of the lessor pursuant to the above legal provisions, the plaintiff cannot seek the return of the lease deposit to the defendant.
In conclusion, this conclusion is followed.