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(영문) 서울남부지방법원 2017.04.28 2016가단262660
보증금반환
Text

1. The defendant shall pay 75,000,000 won to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

According to the overall purport of evidence Nos. 1 through 5, the Plaintiff entered into a lease agreement with C on November 24, 2014, setting the lease deposit amount of KRW 75 million on December 14, 2016 and the lease deposit amount of KRW 75 million on December 12, 2014, and completed the move-in report after taking over the instant real estate from C. The Defendant purchased the instant real estate from C on June 21, 2016 and completed the registration of ownership transfer in the Defendant’s name on July 13, 2016.

According to the above facts, the lease of this case terminated upon the expiration of the period on December 14, 2016, and pursuant to Article 3 of the Housing Lease Protection Act, the plaintiff has the opposing power for the lease of this case from December 13, 2014, and thereafter the defendant who acquired the real estate of this case, which is a leased house, is deemed to succeed to the lessor's status. Thus, the defendant is obligated to return the above lease deposit amount of KRW 75 million to the plaintiff.

In this regard, the defendant argues that since C made a provisional disposition on the real estate of this case, it is not possible to refund the above lease deposit until the above provisional disposition is settled, but it is difficult to find the legal basis for the above argument.

Therefore, the defendant's above assertion is without merit.

The plaintiff's claim is reasonable, and it is so decided as per Disposition.

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