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(영문) 전주지방법원 2014.01.29 2011가단39009
임차보증금반환
Text

1. The Defendant’s KRW 19,60,000 as well as the Plaintiff’s annual rate of KRW 5% from January 10, 2012 to January 29, 2014, and the following.

Reasons

1. Facts of recognition;

A. On April 11, 2005, the Plaintiff entered into a lease agreement with a limited liability company C (hereinafter “C”) with respect to D apartment Nos. 710 (hereinafter “instant apartment”) in Seongdong-gu, Seoul Special Metropolitan City (hereinafter “instant apartment”), 22,00,000, and 2 years from the lease date (hereinafter “instant lease agreement”), and paid the said lease deposit to C.

B. After that, the Plaintiff received the delivery of the instant apartment from C, and completed the move-in report on the instant apartment on May 24, 2005, and received the fixed date with the Jeonju District Court’s fixed date No. 1644.

C. Meanwhile, on February 28, 2006, the Defendant purchased the instant apartment from C with the price of KRW 37,500,000 (hereinafter “instant sales contract”) and completed the registration of ownership transfer in the name of the Defendant as to the instant apartment on March 8, 2006.

On February 28, 2006, the Plaintiff received KRW 2,400,00 as a deposit for lease under the instant lease agreement, and on March 10, 2006, the Plaintiff delivered the instant apartment to the Defendant and completed the move-in report to Busan-gu E.

【Unfounded Grounds for Recognition】 Facts that there is no dispute, entry of Gap evidence 1, 3, and 5, and the result of an order to submit financial data to Jeonbuk Bank dated November 13, 2013, the purport of the entire pleadings

2. According to the facts found in the judgment on the cause of the claim, the Plaintiff acquired opposing power by accepting the move-in report after concluding the instant lease agreement from C, and accepting the move-in report after accepting the instant apartment.

Therefore, it is reasonable to view that the defendant who acquired the apartment of this case while the plaintiff, who is a lessee with opposing power, has succeeded to the status of the lessor, and as a result, the rights and obligations of the lease deposit have been transferred to the defendant.

Therefore, barring special circumstances, the Defendant is KRW 19,600,000 (=22,00,000 as lease deposit - KRW 22,400,00 as lease deposit) payable to the Plaintiff.

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