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(영문) 서울중앙지방법원 2015.09.10 2014가합596070
임대차보증금
Text

1. The plaintiff's claim against the defendant B is dismissed.

2. Defendant C pays to the Plaintiff KRW 130,000,000.

3...

Reasons

1. Basic facts

A. On December 2, 2012, the Plaintiff entered into a contract with Defendant B and Seocho-gu Seoul Metropolitan Government D subparagraph 201 (hereinafter “instant real estate”) to lease the lease deposit of KRW 130,00,000,00, and the lease term from December 4, 2012 to December 8, 2014. Upon completing the move-in report on December 4, 2012, the Plaintiff paid KRW 130,000,000 to Defendant B from December 2, 2012 to December 10, 2012, the Plaintiff occupied and used the instant real estate by delivery.

B. On December 25, 2012, Defendant B entered into a contract with Defendant C to sell the instant real estate in KRW 376,000,000, and completed the registration of ownership transfer with Defendant C on January 17, 2013.

C. On September 10, 2014, the Plaintiff notified Defendant C of his/her intention to renew the lease contract for the instant real estate, and thus, he/she returned KRW 130,000 upon expiration of the lease term. However, the Plaintiff did not receive a refund of the lease deposit up to now.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, Gap 3-1 to 5, Gap 6-1, 2, Gap 7, Eul 2-2, and the purport of the whole pleadings

2. The Plaintiff’s assertion that Defendant B completed the registration of ownership transfer on the instant real estate on the ground of sale to Defendant C, but Defendant C merely received a title trust from Defendant B, and as such, Defendant B is obligated to refund the lease deposit to the Plaintiff.

(State Claim) If Defendant C does not receive the title trust of the instant real estate, he/she is obligated to refund the lease deposit to the Plaintiff as a person who succeeds to the status of the lessor.

(Preliminary Claim) 3. Determination as to the claim against Defendant B (Determination as to the main claim)

A. The purpose of Article 3(3) of the former Housing Lease Protection Act (amended by Act No. 12043, Aug. 13, 2013; hereinafter “Housing Lease Protection Act”) is to lease that satisfies the requirements for counterclaim under Article 3(1) of the same Act.

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