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(영문) 서울중앙지방법원 2020.04.24 2019나15310
임차보증금 반환
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff’s lease contract is concluded 1) A building listed in the separate sheet (hereinafter “instant building”).

D Co., Ltd. (hereinafter “D”) on February 28, 2011

(2) On August 22, 2011, the Plaintiff entered into a lease contract with D to lease the instant building with a period of KRW 20,000,000, and from August 28, 2011 to August 28, 2013, and paid the said lease deposit to D.

3) The Plaintiff occupied the instant building upon delivery, and completed the lease registration on July 16, 2018, and delivered the said building. (B) On February 28, 2011, the date of the registration of ownership transfer under the name of Nonparty E (hereinafter “the provisional registration of this case”), the provisional registration of the right to claim ownership transfer under the name of Nonparty E (hereinafter “the provisional registration of this case”) was completed on the same day.

2) On September 17, 2015, the said provisional registration was completed in the name of Nonparty F, and on September 23, 2015, the said provisional registration was completed in the name of the Defendant’s Intervenor’s assistant. 3) On September 23, 2015, the Defendant’s assistant intervenor completed the registration of transfer in the form of principal registration based on the provisional registration of this case on September 23, 2015. Thereafter, the Defendant completed the registration of transfer in the name of G stock company and the Defendant’s assistant intervenor, subject to the order of priority, and completed the registration of transfer on August 12, 20

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 and 7, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion 1) while leasing the instant building, acquired opposing power under the Housing Lease Protection Act and completed the lease registration. Since the Defendant, as the present owner of the said building, succeeded to a lessor’s status under the Housing Lease Protection Act, the Plaintiff is obligated to pay the deposit amount of KRW 20,000,000 and delay damages therefor to the Plaintiff. 2) The instant provisional registration is transferred in sequence at the time of transfer and transfer.

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