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(영문) 청주지방법원충주지원 2016.11.17 2015가단23522
임대차보증금
Text

1. The defendant's intervenor simultaneously with the delivery of the building stated in the attached list from the plaintiff to the plaintiff 60,000.

Reasons

1. Basic facts

A. On January 29, 201, the Plaintiff leased a house C (hereinafter “instant house”) located in Chungcheongnam-si (hereinafter “instant house”) with a deposit of KRW 60,00,000, and the period from January 29, 2011 to December 12, 201 (hereinafter “the instant lease”). At the time, the Plaintiff decided to convert the Plaintiff’s existing bonds against the Plaintiff’s Middle-gu Airport into a deposit.

B. Chungcheong City D was divided into E or F on July 16, 2012, and the land on which the instant housing was located was divided into G in Chungcheongnam-si, and thereafter converted into the road name address thereafter, it was changed to H in Chungcheongnam-si.

C. On August 10, 2010, the Plaintiff filed a move-in report with Chungcheong City C, and on September 29, 201, the Plaintiff filed a move-in report with Chungcheong City I, Chungcheong City C, 30 on January 30, 201, Kimpo-si J apartment J apartment 208 Dong 1802 on March 29, 201, and again filed a move-in report with Chungcheong City C (H) (H) on April 12, 2012.

On December 29, 2014, the Defendant (Withdrawal) purchased the instant housing from middle-income bracket. On December 30, 2015, the Defendant sold the instant housing to the Intervenor and completed the registration of ownership transfer on January 21, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings

2. The assertion and judgment

A. In light of the purport of Article 3(1) of the Housing Lease Protection Act that grants strong opposing power to a housing lessee in a real right registered with the requirements for the delivery of a house and resident registration, the requirements for setting up against the delivery of a house and resident registration in a housing lease without any method of public announcement are not sufficient if the requirements for setting up against the transfer of a house are met at the time of the acquisition of such opposing power, and it is reasonable to interpret that the requirements for setting up against the transfer of a house and resident registration shall continue to exist even

Therefore, the lessee of the house shall complete the moving-in report to the location of the house and move-in to the house, and shall make the lease.

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