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(영문) 부산지방법원 2015.05.29 2014가단31888
전세보증금반환
Text

1. The defendant acceptance intervenor is simultaneously with the plaintiff's second floor among the houses D 2nd floor in Busan-gu, Busan-gu.

Reasons

1. On February 7, 2012, the Plaintiff leased 2nd floor of the D2nd floor (hereinafter “instant building”) among the D2nd floor (hereinafter “instant building”) in Busan, Seo-gu, Busan, with the lease deposit amount of KRW 53 million. The said lease contract terminated on February 26, 2014.

The ownership of the instant building was transferred from E to F, B, and G in sequence, and the Defendant takeover intervenor purchased the instant building from G on January 5, 2015, after the instant lawsuit was filed, and completed the registration of ownership transfer on the following day.

[Grounds for recognition] The descriptions of Gap 1 through 4 and the purport of the whole pleadings

2. According to the above facts of recognition, the defendant's acquisition intervenor succeeded to the status of the lessor by completing the registration of ownership transfer of the above building pursuant to Articles 3 (4) and 4 (2) of the Housing Lease Protection Act.

Therefore, the Defendant Intervenor is obliged to pay KRW 30 million to the Plaintiff at the same time with the delivery of the instant building from the Plaintiff.

3. In conclusion, the plaintiff's claim against the intervenor taking over the defendant is justified, and the claim against the defendant is without merit.

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