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(영문) 서울중앙지방법원 2015.01.16 2013가단5185457
임대차보증금
Text

1. The defendant shall indicate the attached real estate among the first floor of detached houses for multi-household B in Dongjak-gu Seoul Metropolitan Government with the second floor from the plaintiff.

Reasons

1. Determination on the cause of the claim

A. The facts of recognition (1) from September 8, 2006, the Plaintiff leased the lease deposit amount of KRW 33 million from September 8, 2006 to September 7, 2008 (hereinafter “instant lease contract”) and paid KRW 33 million to C, among detached houses for multi-household B on the second floor in Dongjak-gu Seoul, Seoul.

(2) On November 10, 2006, the Plaintiff resided in two partitions and completed the move-in report of the instant building on the same day after obtaining a fixed date from the lease agreement.

(3) On October 26, 2009, C sold the instant building to the Housing Construction Co., Ltd. and completed the registration of ownership transfer on December 18, 2009.

On June 22, 2010, the Housing Construction Co., Ltd. entrusted the instant building to the Defendant, and completed the registration of ownership transfer to the Defendant on June 23, 2010.

(4) On December 2, 2013, the Plaintiff continued to reside in the leased real estate, and sent a content-certified mail claiming the Defendant to pay the lease deposit, and the Defendant received it around that time.

[Ground] Evidence Nos. 1 through 10, the purport of the whole pleadings

B. According to the above facts of determination, the instant lease agreement was renewed pursuant to Article 6 of the Housing Lease Protection Act, and it was legally terminated on March 2, 2014 after three months from the date the Defendant received the content-certified mail as of December 2, 2013 containing the Plaintiff’s expression of termination pursuant to Article 6-2 of the said Act.

Since the plaintiff is a tenant with opposing power, the defendant who succeeds to the status of the lessor is obligated to pay 33 million won to the plaintiff.

However, since the defendant's obligation to return the lease deposit is in the simultaneous performance relationship with the plaintiff's obligation to return the leased object, the defendant shall deliver the leased object from the plaintiff to the plaintiff at the same time.

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