Where the transferee succeeds to the status of the lessor due to the transfer of ownership of leased real estate, the person to whom the obligation to return the lease deposit

If the ownership of leased real estate is transferred through the interpretation of Article 3 (1) and (2) of the Housing Lease Protection Act and the transferee succeeds to the status of the lessor, the obligation to return the lease deposit also is transferred in combination with the ownership of the real estate, and accordingly the obligation to return the lease deposit of the transferor is extinguished

Article 3 of the Housing Lease Protection Act

[Plaintiff-Appellant] Plaintiff 1 and 114 (Gong799, 632)

[Judgment]

Park Ma-man

Gwangju District Court of the first instance (85dan1776)

The part against the defendant in the original judgment shall be revoked, and the plaintiff's claim against the above revocation shall be dismissed.

All the costs of lawsuit shall be borne by the plaintiff in the first and second instances.

The defendant shall pay to the plaintiff the amount of KRW 5,00,000 with 25% per annum from the next day of the service of the copy of the gushesheet to the next day of the full payment.

The costs of lawsuit shall be assessed against the defendant and a declaration of provisional execution.

The same shall apply to the order.

In light of Gap evidence Nos. 4 (resident registration card for each household), Gap evidence Nos. 5 (Register of the court below), Gap evidence Nos. 1 and 2 (Receipt), Gap evidence Nos. 2-1, and testimony of the court below's gate Nos. 1 and 2 (Receipt), the above witness's testimony and testimony of the gate Nos. 446-6 of the court below's 446-7, Gwangju City, based on the whole purport of the pleading, the plaintiff shall be paid the same amount of KRW 6.81 square meters, 12.6 square meters in the underground room, 12.6 square meters in the cement gate, and 0.1 square meters in the cement gate Nos. 1 and 1000 of the building of this case (hereinafter referred to as the "building of this case") which were originally constructed by non-party Nos. 1 and the above non-party No. 2 were trusted to the defendant for 10-month 200 days in its name, and the remainder of this case No. 18084.

As to the Plaintiff’s claim for the payment of KRW 5,00,00 for lease deposit and delayed payment thereof, the Defendant agreed to the Plaintiff’s lease deposit for Nonparty 1’s sale of the instant building to Nonparty 2 on May 3, 1984, with Nonparty 3’s agreement that the above Nonparty 1 and Nonparty 2 were exempted from the obligation to return the lease deposit to the Plaintiff, and succeeded to the lessor’s status by taking over the ownership of the instant building upon the agreement between Nonparty 1 and the Defendant’s transfer of the ownership, and thus, the Defendant’s above obligation to return the lease deposit against the Plaintiff was extinguished (No. 1 and No. 2 (No. 1-2, each certified copy of the register, No. 1-2, No. 5). According to the reasoning of the judgment below, the Plaintiff’s claim for the payment of the deposit for lease deposit, which was the premise that the Plaintiff’s ownership was extinguished under the name of Nonparty 1 and Nonparty 1’s transfer of the lease deposit for Nonparty 1’s lease on the same date.

Therefore, the plaintiff's claim based on the premise that the above obligation to return the lease deposit to the defendant is reasonable. However, the original judgment partially differs from this conclusion, and the defendant is ordered to pay the amount of 5,00,000 won and the amount equivalent to 25,000 percent per annum from October 12, 1985 to the full payment date, and the remainder of the plaintiff's claim is dismissed. As such, the part against the defendant is unfair and the defendant's appeal is with merit, the part against the defendant in the original judgment against the defendant is revoked, and the plaintiff's claim against the above part against the defendant is dismissed, and the costs of the lawsuit are assessed against the plaintiff who lost both the first and second

Judges Kim Jong-he (Presiding Judge)