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Reasons
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(영문) 수원지방법원안산지원 2020.04.23 2019가단78534
보증금반환
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1. The defendant shall pay 3,00,000 won to the plaintiff and 12% per annum from January 15, 2020 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On October 4, 2015, the Plaintiff entered into a contract to lease E (hereinafter “instant housing”) out of the buildings listed in the separate sheet owned by D and D (hereinafter “instant building”) with a deposit of KRW 33,00,000, and the period from October 27, 2015 to October 26, 2016 (hereinafter “instant lease contract”). The Plaintiff paid the deposit to D and received the instant housing, and completed the move-in report.

B. The Defendant purchased the instant building from D and completed the registration of ownership transfer on November 3, 2015.

C. On July 23, 2019, the Plaintiff notified the Defendant that the lease contract will be terminated.

On January 10, 2020, the Plaintiff completed the registration of housing lease on the instant housing, and delivered the instant housing to the Defendant on January 14, 2020.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 5, the purport of the whole pleadings

2. According to the facts of determination, the Plaintiff met the requirements for counterclaim under Article 3(1) of the Housing Lease Protection Act by delivering the instant housing from D and completing resident registration. The Defendant succeeded to the lessor’s status of the instant housing pursuant to Article 3(4) of the said Act as the purchaser of the instant building, and the instant lease agreement is implicitly renewed, and it was terminated on October 24, 2019, three months after the date of notification of termination by the Plaintiff pursuant to Article 6-2 of the said Act.

Therefore, the Defendant is obligated to pay to the Plaintiff the deposit amount of KRW 33,00,000,000 as well as damages for delay calculated at the rate of 12% per annum from January 15, 2020 to the day of full payment after the delivery of the instant complaint, which is the day of delivery of the instant lease contract, to the day of delivery of the instant house.

3. In conclusion, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.

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