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1. The defendant takeover intervenor's 110,000,000 won and its relation to the plaintiff shall be the year from May 23, 2020 to June 1, 2020.
Reasons
1. In full view of the purport of the entire pleadings as to the plaintiff's claim Gap evidence Nos. 1 to Gap evidence No. 111, the facts as to the reasons for the claim can be acknowledged.
(1) The Plaintiff acquired the opposing power under Article 3(1) of the Housing Lease Protection Act on February 1, 2017. The lease contract of this case terminated on December 27, 2018, and the Defendant acquiring the ownership of the building of this case on March 17, 2020, thereby succeeding to the lessor’s status under the lease contract of this case, and thus, the Plaintiff is obligated to refund the deposit deposit to the Plaintiff.
Therefore, the Defendant takeover intervenor is obligated to pay to the Plaintiff the deposit KRW 110,00,000 paid to the Plaintiff under the instant lease agreement and the delay damages calculated by each of 12% per annum under the Civil Act from May 23, 2020 to May 27, 2020, which is the day following the day when the Plaintiff delivered the instant building, to May 1, 2020, which is the day when the copy of the application for purport of claim and change of cause of claim was served.
2. In conclusion, the plaintiff's claim against the defendant is dismissed as it is without merit, and the claim against the defendant's intervenor against the defendant is justified.