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1. The defendant shall pay 5,000,000 won to the plaintiff.
2. The costs of the lawsuit are assessed against the defendant.
3.Paragraph 1.
Reasons
1. Basic facts
A. 1) The Plaintiff entered into a lease agreement with C on October 7, 2012, as indicated in the separate sheet from C (hereinafter “instant real estate”).
) A lease agreement stating that B shall be leased from October 7, 2012 to October 6, 2013 (hereinafter “instant lease agreement”) for a deposit of KRW 5 million and the period from October 7, 2012 (hereinafter “instant lease agreement”).
(2) The Plaintiff paid KRW 5 million in total to C three times from September 9, 2012 to October 6, 2012.
3. On October 7, 2012, the Plaintiff occupied and started to use the instant real estate upon delivery, and the same month.
8. A move-in report shall be completed with the instant real estate.
B. After the termination of the instant lease agreement, the Plaintiff did not receive a refund of deposit deposit amounting to KRW 55 million, even though the instant lease agreement had been implicitly renewed on October 6, 2014 at the expiration of the period.
C. On March 27, 2012, the registration date for the purpose of ownership transfer registration, the ownership transfer D 2 transfer on May 15, 2012, and the ownership of the instant real estate was transferred as indicated below on March 18, 2014, the sales transaction of which on March 18, 2014, E 4 August 27, 2014, on sale on May 18, 2014.
[Ground of recognition] Facts without dispute, each entry in Gap 1 through 6 (including virtual number), the purport of the whole pleadings
2. Determination
A. Article 3(3) of the Housing Lease Protection Act provides that a lessee who refers to a rental house subject to the Housing Lease Protection Act shall be deemed to have succeeded to the status of a lessor, which is the object of a lease that meets the requirements for counterclaim as stipulated in Article 3(1) of the said Act (hereinafter “rental house”). Therefore, if a rental house is transferred, the transferee succeeds to the entire rights and obligations of a lessor under a lease agreement by combining the ownership of the house with the ownership of the house and the result thereof.