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(영문) 인천지방법원 부천지원 2018.05.04 2017가단111057
임대차보증금반환채무 부존재확인등
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1. Defendant A shall deliver to the Plaintiff the building indicated in the attached list.

2. The plaintiff's defendant Korea Land and Housing Corporation.

Reasons

1. Facts of recognition;

A. The Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) is a corporation that supports the rental housing for the purpose of stabilizing the residence of the low-income bracket with the Housing and Urban Fund finances pursuant to Article 3(2) of the Housing Lease Protection Act.

B. On July 3, 2013, the Defendant Corporation entered into a lease agreement with Nonparty B, who was the former owner of the building listed in the separate sheet (hereinafter “instant building”), with the lease deposit of KRW 70,00,000,00 and the lease term of KRW 70,000 from July 26, 2013 to July 25, 2015 (hereinafter “the lease of this case”). On the same day, the Defendant Corporation entered into a lease agreement with the Defendant A, an occupant selected by the Defendant Corporation, with the lease amount of KRW 70,00,000, monthly rent of KRW 111,380 with respect to the instant building.

C. Nonparty C acquired the ownership of the instant building from B on July 30, 2014, and succeeded to the lessor’s status.

On July 21, 2015, the Defendants concluded a contract to renew the term of lease to July 25, 2017 while maintaining the same content of the above lease.

E. Defendant A was living after completing the move-in report on the instant building on July 8, 2013. On September 21, 2015, Defendant A completed the move-in report on September 13:30, 2015, and completed the move-in report on the instant building again on September 23, 2015.

F. On September 21, 2015, the Plaintiff entered into a real estate security trust agreement with C on the instant building (hereinafter “instant contract”). On the same day, the Plaintiff completed the registration of ownership transfer as the receipt of the Incheon District Court Branch Decision 127520 on September 21, 2015 with respect to the instant building.

G. At the time of entering into the instant contract, C submitted to the Plaintiff a written confirmation that there is no lessee at present in the instant building.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 5 and 7 (including provisional number), and this Court.

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