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(영문) 창원지방법원진주지원 2020.10.22 2020가단32592
임대차보증금
Text

1. Defendant E Co., Ltd.: KRW 165,00,000 for the Plaintiff and 5% per annum from March 7, 2020 to March 24, 2020.

Reasons

1. Determination on the claim against Defendant E Co., Ltd. (hereinafter “Defendant E Co.”),

(a)as shown in the reasons for the attachment of the claim;

(b) Article 208 (3) 2 of the Civil Procedure Act of the applicable provisions of Acts;

2. Determination as to the claim against Defendant B, C, and D (hereinafter “Defendant B, etc.”)

A. The facts of recognition 1) Defendant B, etc., on January 12, 2018, the Plaintiff, Jin-si, Jin-si, Jin-si, Jin-do (hereinafter “instant apartment”).

(2) The Plaintiff and Defendant B, etc. agreed on the deposit amounting to KRW 165,00,00, and the term of lease from March 7, 2018 to March 6, 2020. 2) The Plaintiff paid KRW 165,00,000 to Defendant B, etc., and received the instant apartment from Defendant B, etc. on March 7, 2018, and filed a move-in report to the address of the instant apartment on the same day.

3) On March 19, 2019, Defendant B, etc. sold the instant apartment to the Defendant Company, and on March 22, 2019, the registration of ownership transfer was completed in the name of the Defendant Company with respect to the instant apartment on March 22, 2019.

B. The gist of the parties’ assertion 1) Plaintiff B, etc. is obligated to refund the lease deposit to the Plaintiff as a lessor. 2) Since the status of the lessor, including Defendant B, etc., succeeds to the Defendant Company, Defendant B, etc., the obligation to return the deposit is not

C. Article 3(3) of the Housing Lease Protection Act provides that, whether Defendant B et al. is exempted from the obligation to return a lease deposit, Article 3(1) of the Housing Lease Protection Act provides that the leased house subject to the application of the Housing Lease Protection Act (hereinafter “rental house”) refers to the leased house subject to the application of the Housing Lease Protection Act, and the transferee of the leased house shall be deemed to succeed to the status of the lessor. Thus, in the event that the rental house was transferred, the transferee is combined with the ownership of the house.

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