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(영문) 창원지방법원진주지원 2016.08.12 2016가단3757
임대차보증금
Text

1. The Defendant shall pay to the Plaintiff KRW 90,00,000 and the interest rate of KRW 15% per annum from April 28, 2016 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On March 11, 201, the Plaintiff leased Jindo 302 (hereinafter “instant loan”) from Jinju-si (hereinafter “instant loan”) by setting the deposit term of KRW 90,000,00, and by March 12, 2013 (hereinafter “instant lease contract”), and obtained a fixed date on March 14, 201, and completed the move-in report on May 18, 201.

B. The Defendant purchased the instant loan from C, and completed the registration of ownership transfer with the Changwon District Court Jinju Branch on August 11, 201, received on August 11, 2011.

C. On May 30, 2015, the instant lease agreement was subsequently explicitly renewed, and on the same day, the Plaintiff notified the Defendant through text messages to the effect that “I would have to go to directors because I will have a lot of fungs in house,” and the Defendant responded to the foregoing text messages on the same day.

As to the instant loan, the Plaintiff filed an application for the registration of housing lease with Jinwon District Court Jinwon-gu 2016Kadan11, and the same support was decided on March 18, 2016 to accept the Plaintiff’s application, and the Plaintiff removed from the instant loan loan around that time.

[Reasons for Recognition] Evidence Nos. 1 to 3, Evidence No. 1 to 1, the purport of the whole pleadings

2. According to Article 3(4) of the Housing Lease Protection Act, the transferee of the leased house is deemed to succeed to the status of the lessor, and pursuant to Article 6-2(1) and (2) of the same Act, the lessee may notify at any time the lessee of the termination of the contract even if the lease is implicitly renewed pursuant to Article 6(1) of the same Act. The termination shall take effect when three months elapse from the date the lessor is notified of the termination.

According to the above facts, the Defendant, who acquired the instant loan after the instant lease agreement, succeeded to the lessor’s status of the instant lease agreement, and the Plaintiff, a lessee, succeeded to the lessor’s status on May 30, 2015 through text messages to the Defendant who succeeded to the lessor’s status.

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