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1. 피고 케이앤씨네트웍스 주식회사는 원고로부터 서울 성북구 C 소재 지하 1층, 지상 4층 건물...
Reasons
1. Basic facts
A. On March 9, 2012, the Plaintiff leased Defendant B’s KRW 305 of the first basement in Seongbuk-gu Seoul and the third floor in the fourth floor in the fourth floor in the ground (hereinafter “instant real estate”) as “Deposit deposit amounting to KRW 45,00,000, and the lease period from March 9, 2012 to March 8, 2013.” At that time, the Plaintiff occupied the instant real estate to Defendant B on March 9, 2012 after paying the said lease deposit to Defendant B, and completed the move-in report of the instant real estate on March 12, 2012.
나. 피고 B는 2012. 10. 16. 이 사건 부동산을 피고 케이앤씨네트웍스 주식회사(이하 ‘피고 회사’라 한다)에게 매도하고, 2012. 10. 17. 피고 회사 명의로 소유권이전등기를 마쳤다.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including virtual number), the purport of the whole pleadings
2. In a case where a lessee of a leased house acquires the opposing power against a third party and the transferee succeeds to the status of the lessor, the obligation to return the lease deposit is also transferred in combination with the ownership of the real estate, and thus, the status of the transferor as a lessor or the obligation to return the deposit becomes extinct.
(See Supreme Court Decisions 95Da35616 Decided February 27, 1996, and 96Da38216 Decided November 22, 1996, etc.). According to the health team and the above-mentioned basic facts in the instant case, the Plaintiff received the instant real estate on March 9, 2012, and made a move-in report to the instant real estate on March 12, 2012, the Plaintiff acquired the opposing power on March 13, 2012, and thereafter, on October 17, 2012, the ownership of the instant real estate was transferred to the Defendant Company. Accordingly, the lessor’s status under the instant lease was transferred to the Defendant Company and the status of Defendant B’s lessor was extinguished.
Therefore, the Defendant Company, the purchaser of the instant real estate, is simultaneously ordered by the Plaintiff to receive an order from the Plaintiff.