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1. The defendant takeover intervenor’s 30,000,000 won and its relation to the plaintiff’s 30,000 won and the year from August 25, 2015 to September 30, 2015.
Reasons
1. The following facts are acknowledged among the Plaintiff and the Defendant by comprehensively taking account of the overall purport of the pleadings between the Plaintiff and the Defendant, and the Intervenor’s confession pursuant to Article 150(1) of the Civil Procedure Act between the Defendant and the Intervenor.
A. On November 24, 2012, the Plaintiff concluded a lease agreement (hereinafter “instant lease agreement”) with regard to D on behalf of the Defendant, and Asan City E 402 (hereinafter “instant building”) owned by the Defendant, setting the lease deposit of KRW 30,000,000, and the lease term of KRW 35,000 from December 1, 2012 to November 30, 2013, and the rent (including management expenses) of KRW 35,000 from November 30, 2013.
The Plaintiff paid KRW 30,00,000 as lease deposit at the time of entering into the instant lease agreement to the above D who was granted the right to receive the lease deposit from the Defendant, and completed the resident registration on December 18, 2012 after moving into the instant building.
B. The Plaintiff and the Defendant did not express their intent to refuse to renew their terms and conditions or modify their terms and conditions until the termination of the instant lease agreement. However, on January 31, 2015, the Plaintiff notified the Defendant of the termination of the instant lease agreement.
C. On August 1, 2015, after the filing of the instant lawsuit, the Defendant sold the instant building to the Intervenor, and completed the registration of ownership transfer as the receipt No. 54562 on August 18, 2015, the Daejeon District Court’s Busan District Court’s Busan District Court Branch for the reason thereof.
On June 23, 2015, the Plaintiff received the order of lease registration from the Daejeon District Court, 2015Kadan29, the ASEAN District Court, the Busan District Court, on June 23, 2015, and on July 2, 2015, delivered the instant building to the Intervenor on August 24, 2015.
2. According to the above facts of determination, the instant lease agreement was lawfully terminated on May 1, 2015 after three months from the date of termination notice pursuant to Article 6-2 of the Housing Lease Protection Act by the Plaintiff, who is a lessee.