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(영문) 대전지방법원천안지원 2020.08.27 2020가단106226
임대차보증금
Text

1. The defendant shall pay 95,000,000 won to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Facts of recognition;

A. On November 21, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with D, which sets forth a lease deposit amount of KRW 95,000,000 (including repair cost, such as change of a train, etc.), and between November 21, 2016 and November 20, 2018, the Plaintiff paid KRW 95,00,000,000 as the lease deposit (hereinafter “instant lease agreement”) by the method designated by C according to the method designated by C.

B. From August 2018, the Plaintiff notified C that it does not want to renew the instant lease agreement several times via D.

C. The instant house was transferred to F on November 27, 2018 the ownership of F, and the ownership was transferred to F on December 17, 2019.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-23, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of claim, the Defendant who acquired the ownership of the instant house is deemed to succeed to the status of the lessor of the instant lease agreement pursuant to Article 3(4) of the Housing Lease Protection Act. Therefore, the Defendant is obligated to pay KRW 95,00,000 to the Plaintiff upon the termination of the instant lease agreement.

3. Conclusion, the plaintiff's claim of this case is justified.

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