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(영문) 광주지방법원 2016.07.06 2016가단6403
임대차보증금 등
Text

1. Defendant B pays to the Plaintiff KRW 25,000,000.

2. The plaintiff's remaining claims against B and the defendant C.

Reasons

1. Judgment on the plaintiff's claim

A. On January 28, 2013, the Plaintiff leased Defendant C with the term of KRW 25,000,000, and the lease period of KRW 27, 2016, the lease deposit was paid to Defendant C. (2) The Plaintiff transferred the instant house on January 28, 2013, and completed the resident registration.

3) Upon the expiration of the lease on January 27, 2016, Defendant C sold the instant house to Defendant B while Defendant C did not refund the lease deposit to the Plaintiff on March 3, 2015, and Defendant B acquired the ownership of the instant house by completing the registration of ownership transfer as of March 30, 2015, which was received on March 30, 2015 by the Gwangju District Court (Seoul District Court). (B) According to the above facts, the lease relationship shall be deemed to continue to exist since the Plaintiff was unable to refund the deposit even after the expiration of the above lease term (Article 4(2) of the Housing Lease Protection Act). Defendant B succeeded to the status of lessor by acquiring the instant house under the condition that the Plaintiff satisfied the requirements for setting up against India and resident registration (Article 3(4) of the Housing Lease Protection Act), and Defendant B is obligated to pay the Plaintiff the said lease deposit amount of KRW 25,000,000.

2) The Plaintiff also sought for the payment of damages for delay of the above lease deposit, but there is no evidence to prove that the Plaintiff continues to provide for the delivery of the instant house and the obligation to return the lease deposit under Defendant B. Therefore, the Plaintiff’s above assertion is without merit. 3) The Plaintiff also sought the return of the lease deposit against the Defendant C, but if the Plaintiff succeeds to the status of the lessor after the lessee acquired the opposing power against the third party, the lessee of the leased house succeeds to the status of the lessor, the obligation to return the lease deposit is also the ownership of the real estate.

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