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(영문) 서울남부지방법원 2021.01.14 2020가단260838
보증금반환
Text

1. The defendant shall pay to the plaintiff KRW 182,00,000. The costs of lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to the cause of the claim Gap's evidence Nos. 1 and 2, the plaintiff entered into a lease agreement with the owner Eul of Gangseo-gu Seoul Metropolitan Government building C and D (hereinafter "the building of this case") on Jan. 10, 2018 (hereinafter "the building of this case") stating that the building of this case is leased KRW 182 million, and the lease agreement with the term of February 2, 2018 to February 1, 2020 (hereinafter "the lease agreement of this case"), Eul sold the building of this case to F with limited liability, and Eul sold the building of this case to the defendant on Feb. 18, 2020; the defendant entered the lease agreement of this case as to the lease of this case on Feb. 26, 2020; and the plaintiff was delivered a copy of the complaint of this case to the defendant on Feb. 21, 2020.

According to the above facts, the defendant succeeded to the status of the lessor under the lease contract of this case as the purchaser of the building of this case.

In addition, (Article 3(4) of the Housing Lease Protection Act; and (3) the duplicate of the complaint of this case containing the Plaintiff’s declaration of intent to terminate the lease agreement of this case was served on September 1, 2020, and thus, the lease agreement of this case was lawfully terminated on or around December 2, 2020 (Article 6-2(2) and (1) of the Housing Lease Protection Act). Accordingly, upon the termination of the lease agreement of this case, the Defendant is obligated to return the deposit amount of KRW 182 million to the Plaintiff.

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

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