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(영문) 대구지방법원안동지원 2020.07.14 2020가단20463
보증금반환
Text

1. Defendant B pays to the Plaintiff KRW 63,000,000.

2. The plaintiff's remaining claims against the defendant B and the defendant C.

Reasons

1. Facts of recognition;

A. On June 17, 2016, the Plaintiff leased D Apartment E (hereinafter “instant apartment”) from Defendant B during the period from Jun. 17, 2016, the lease deposit was KRW 63,00,000, and the lease term was from June 27, 2016 to June 26, 2018.

On June 28, 2016, the Plaintiff received the instant apartment from Defendant B, and completed the move-in report.

B. On August 23, 2018, the Plaintiff continued to reside in the instant apartment even after the term of the said lease agreement expires, and concluded a lease agreement again (hereinafter “instant lease agreement”) with regard to Defendant B and the instant apartment, setting the lease deposit amount to KRW 63,00,000, and the term of lease from September 27, 2018 to March 26, 2020.

C. On May 24, 2019, Defendant B sold the instant apartment and completed the registration of ownership transfer to Defendant C.

On May 26, 2019, Defendant B notified the Plaintiff that the ownership of the instant apartment was transferred to Defendant C, and on May 27, 2019, the following day, Defendant B sent a text message to Defendant B, stating that “I accept the succession of the instant apartment and return KRW 63,000,000,000, the deposit for the lease of the instant apartment.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 through 5 (including branch numbers), the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. Where a transferee of a leased house succeeds to the status of a lessor pursuant to Article 3(4) of the Housing Lease Protection Act, the obligation to return the lease deposit is also transferred in combination with the ownership of the real estate, and thus the transferor’s status or obligation to return the deposit ceases to exist. However, in light of the legislative intent of the Housing Lease Protection Act for the protection of a lessee, the lessee does not want to succeed to the status of the lessor

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