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(영문) 창원지방법원진주지원 2020.12.17 2020가단32356
임대차보증금
Text

1. The defendant shall deliver real estate stated in the attached list from the plaintiff to the plaintiff at the same time, and at the same time, KRW 200,000 to the plaintiff.

Reasons

1. Facts of recognition;

A. On January 12, 2018, Nonparty C and D leased the real estate indicated in the attached Table (hereinafter “instant apartment”) to the Plaintiff.

C, D, and the Plaintiff agreed on the term of lease from February 28, 2018 to February 27, 2020, the deposit was KRW 200 million, and the Plaintiff paid KRW 200 million to C and D.

B. C and D sold the instant apartment on March 19, 2019, and the Defendant completed the registration of ownership transfer with respect to the instant apartment on March 22, 2019.

C. On November 21, 2019, the Plaintiff notified the Defendant of his refusal to renew the lease agreement, and the mail stating the Plaintiff’s refusal notice was sent to the Defendant around that time.

[Grounds for recognition] The entry of Gap evidence Nos. 1 through 10 and the purport of the whole pleadings

2. On January 12, 2018, the lease agreement entered into between the Plaintiff and C and D with respect to the instant apartment was terminated due to the Plaintiff’s rejection of renewal.

Meanwhile, since the transferee of the leased house appears to succeed to the status of the lessor (Article 3(4) of the Housing Lease Protection Act), the defendant who purchased the apartment house of this case from C and D is obligated to return the deposit amount of 200 million won to the lessee as the lessor.

However, since the lessee's duty to return the object and the lessor's duty to return the deposit arising upon the termination of the lease are concurrently performed, the Defendant is obliged to pay KRW 200 million to the Plaintiff simultaneously with the delivery of the apartment in this case from the Plaintiff.

3. Conclusion, the plaintiff's claim of this case is accepted as reasonable.

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