Whether a successful bidder of a leased house constitutes "the transferee of the leased house" under Article 3 (2) of the Housing Lease Protection Act (negative)

In light of the provisions of Articles 1 and 2 of the Housing Lease Protection Act, a transferee of a leased house who is deemed to succeed to the status of a lessor as stipulated in Article 3(2) of the said Act refers to a transferee of a residential building which is the object of lease, and even if Article 3-2(1) of the said Act recognizes the lessee who meets the requirements for counterclaim as having the right to preferential reimbursement from the proceeds from the sale of the leased house site by auction or public sale, the successful bidder cannot be deemed the transferee of the leased house as mentioned above.

Articles 3 (2) and 3-2 (1) of the Housing Lease Protection Act

[Judgment of the court below]

Defendant

Intervenor joining the Intervenor

Seoul District Court Decision 97Na38953 delivered on December 2, 1997

The appeal is dismissed. The costs of appeal are assessed against the plaintiff.

The grounds of appeal are examined.

In light of the provisions of Articles 1 and 2 of the Housing Lease Protection Act, a transferee of a leased house who is deemed to succeed to the status of a lessor under Article 3(2) of the said Act refers to a transferee of a residential building which is the object of lease, and even if Article 3-2(1) of the said Act recognizes the lessee who meets the requirements for counterclaim under the said Act the right to preferential reimbursement from the proceeds of realizing the leased house from the sale of the leased house by auction or public sale, the successful bidder cannot be deemed the transferee of the leased house as mentioned above.

The ground of appeal that the court below erred in the incomplete hearing on the premise of a different view is not accepted.

Therefore, the appeal shall be dismissed and the costs of appeal shall be assessed against the plaintiff who is the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Jeong Jong-ho (Presiding Justice)