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(영문) 청주지방법원충주지원 2016.11.17 2015가단23768
임대차보증금
Text

1. The defendant's intervenor simultaneously with the delivery of the building stated in the attached list from the plaintiff to the plaintiff 60,000.

Reasons

1. Basic facts

A. On January 29, 201, the Plaintiff leased a house C (hereinafter “instant house”) located in Chungcheongnam-si (hereinafter “instant house”) with a deposit of KRW 60,00,000, and the period from January 29, 2011 to December 12, 201 (hereinafter “the instant lease”). At the time, the Plaintiff decided to convert the Plaintiff’s existing bonds against the Plaintiff’s Middle-gu Airport into a deposit.

B. Chungcheongnam-si was divided into E or F on July 16, 2012, and the site on which the instant housing was located was divided into G in Chungcheongnam-si, and was converted into the road name address thereafter, and changed to H in Chungcheongnam-si.

C. On April 2, 2012, the Plaintiff filed a move-in report with Chungcheong City C (H in Chungcheongnam-si). On August 8, 2012, the Plaintiff filed a move-in report with I Apartment-gu 801 Dong 401, Sungnam-gu, Sungnam-si, and filed a move-in report again on August 24, 2012.

On December 29, 2014, the Defendant (Withdrawal) purchased the instant housing from middle-income bracket. On December 30, 2015, the Defendant sold the instant housing to the Intervenor and completed the registration of ownership transfer on January 21, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings

2. The assertion and judgment

A. In light of the purport of Article 3(1) of the Housing Lease Protection Act that grants strong opposing power to a housing lessee in a real right registered with the requirements for the delivery of a house and resident registration, the requirements for setting up against the delivery of a house and resident registration in a housing lease without any method of public announcement are not sufficient if the requirements for setting up against the transfer of a house are met at the time of the acquisition of such opposing power, and it is reasonable to interpret that the requirements for setting up against the transfer of a house and resident registration shall continue to exist even

Therefore, the reason why the lessee of the house has obtained the opposing power of the right of lease after completing the moving-in report into the location of the house.

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