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(영문) 대전지방법원서산지원 2020.11.24 2020가단54154
보증금반환
Text

The successor number shall be KRW 98 million to the plaintiff simultaneously with the delivery of apartment units listed in the attached list from the plaintiff.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings in Gap evidence Nos. 1 through 4 and Eul evidence Nos. 1 as to the cause of the claim, the plaintiff entered into a lease agreement with the defendants as to the lease deposit amounting to KRW 99.8 million on November 15, 2017, from around December 15, 2017 to December 14, 2019. ② The plaintiff expressed his/her intention to terminate the contract to the defendants on the ground of the commencement of rehabilitation procedures, etc. of the defendant B corporation around July 9, 2020, and each of the above lease agreements was terminated at that time. ③ Nevertheless, the defendants continued to reside in the apartment of this case, and ④ The copy of the complaint of this case was served on the defendant B corporation on July 21, 202, and the registration of ownership transfer became effective on July 208, 207, each of which became effective as the transferee of each of the instant apartment of this case.

According to the above facts of recognition, the successor transferee acquired ownership of the apartment of this case and succeeded to the status of the defendants as lessor under a lease agreement between the plaintiff and the defendants.

Therefore, the successor is obliged to deliver the apartment of this case from the plaintiff to the plaintiff as a result of the termination of the above lease contract, at the same time, to pay the lease deposit of 9.8 million won to the plaintiff, and to pay damages for delay calculated at the rate of 5% per annum from the day after the day when the apartment of this case is delivered by the plaintiff to the day when the above 9.8 million won is fully repaid.

On the other hand, according to the acquisition by the assignee of the apartment of this case for which the plaintiff maintains opposing power, the status of the lessor in the existing lease agreement is also exempted.

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