beta
Text
1. The Defendant’s KRW 30,000,000 as well as its annual rate from April 1, 2013 to February 5, 2015 to the Plaintiff.
Reasons
1. Facts of recognition;
A. From July 22, 2011, Nonparty C leased D’s KRW 201,00,000, monthly rent of KRW 700,000, monthly rent of KRW 700,000, and KRW 24 months from July 30, 201, and paid the full amount of the deposit to D (hereinafter “instant lease”) and D.
B. On January 25, 2012, the Plaintiff received a seizure and collection order with regard to C’s claim to return the lease deposit of this case as the Busan District Court 2012TTT1453, and on January 27, 2012, the said seizure and collection order was served to D, the garnishee.
C. C received a transfer of the instant commercial building and completed business registration with the trade name “F,” and thereafter, C operated the said store. From February 5, 2013 to January 2, 2013, the ownership of the instant commercial building was transferred from D to Defendant on the ground of sale as of January 2, 2013.
On March 31, 2013, the Defendant decided to change the name of the tenant of the instant commercial building to G, who is his/her father, and entered into a lease agreement between G and G with the term of 30,000,000,000, monthly rent of KRW 1,200,000, and the term of 21 months.
E. C on March 31, 2013, changed the business registration name of the F Hop on G.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, fact inquiry results against the director of the Seosan Tax Office of this Court, the purport of the whole pleadings
2. Determination as to the cause of action
A. In the case of a rental house which has an opposing power under the Housing Lease Protection Act, where a lessee’s claim for the return of a lease deposit is transferred under the provisional seizure, the transferee succeeds to the status of the third obligor of the provisional seizure of claims, and the person holding the provisional seizure also can claim the effect of the provisional seizure against the transferee, not the transferor of the rental house (see, e.g., Supreme Court en banc Decision 2011Da49523, Jan. 17, 2013).