(영문) 춘천지방법원속초지원 2020.08.25 2020가단20915

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(영문) 춘천지방법원속초지원 2020.08.25 2020가단20915

보증금반환

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1. The defendant shall pay 45,00,000 won to the plaintiff and 12% per annum from April 24, 2020 to the day of complete payment.

Reasons

1. Basic facts

A. On December 28, 2017, the Plaintiff entered into a lease agreement with the Defendant on the lease deposit amounting to KRW 45 million, and up to January 4, 2020, with respect to the lease deposit amounting to KRW 45 million among the real estate listed in the attached Table (hereinafter “instant real estate”). Around that time, the Plaintiff paid KRW 45 million to the Defendant.

B. As to the instant real estate for which the registration of ownership transfer was completed under the name of the Defendant, D Co., Ltd. (hereinafter “D”) completed the registration of the right to claim ownership transfer under the name of D Co., Ltd on the ground of the pre-sale agreement on January 22, 2019, and completed the principal registration on January 23, 2020.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, and 2, the purport of the whole pleadings

2. The parties' assertion;

A. Since the lease contract of this case on the plaintiff's assertion is terminated upon the expiration of the period, the defendant is obligated to return the lease deposit to the plaintiff.

B. Since the ownership of the instant real estate asserted by the Defendant was transferred to D, the status of the lessor under the instant lease agreement was also succeeded to D, the Defendant is not obligated to refund the lease deposit to the Plaintiff.

3. Determination

A. According to the above facts finding as to the cause of the claim, the lease contract of this case was terminated upon the expiration of the period, and in full view of the purport of the entire pleadings as seen earlier, it can be acknowledged that the Plaintiff returned the leased object at that time. Thus, the Defendant is obliged to pay damages for delay from April 24, 2020, the day following the delivery date of the copy of the complaint of this case, as sought by the Plaintiff, to the Plaintiff, barring special circumstances.

B. Although the transfer of the status of the lessor in the first lease contract to determine the Defendant’s assertion involves the transfer of the duty of the lessor, the lessor’s duty is the lessor.

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