양수금
1. Defendant C shall deliver to the Korea Land and Housing Corporation the real estate listed in the separate sheet.
2. Defendant.
1. Facts of recognition;
A. On January 14, 2013, Defendant C entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) to lease the instant real estate by setting the lease deposit amount of KRW 16,500,000, monthly rent of KRW 120,000, and the lease term from January 14, 2013 to January 14, 2016 (hereinafter “instant lease agreement”).
B. The Plaintiff, while lending the security deposit to Defendant C, was transferred by Defendant C the lease deposit claim under the instant lease agreement that Defendant C had against the Defendant Corporation as security.
C. On April 23, 2013, Defendant C notified Defendant C of the assignment of the said assignment of claims to Defendant Corporation, and the said notification reached Defendant Corporation around that time.
【Reasons for Recognition】 Each description of evidence Nos. 1-5 and the purport of the whole pleadings
2. Determination as to the claim against Defendant C
A. Since the instant lease agreement was terminated upon the expiration of the period of validity, the Defendant Corporation has the right to demand the delivery of the instant real estate against the Defendant C, but does not exercise its right, the Defendant C, the lessee, at the Plaintiff’s request subrogated to the Defendant Corporation to preserve the claim for the lease deposit against the Defendant acquired from the Defendant, is obligated to deliver the instant real estate to the Defendant Corporation
(b) Article 208 (3) 2 of the Civil Procedure Act: Judgment based on the recommendation of confession;
3. Determination as to the claim against the defendant Corporation
A. According to the above facts, barring any special circumstance, Defendant Corporation is obligated to pay the instant lease deposit to the Plaintiff, the transferee of the lease deposit, as well as the delivery of the instant real estate from Defendant C.
B. Accordingly, Defendant Corporation asserts that the unpaid rent, etc. of Defendant C should be deducted from the instant lease deposit.
The lessee shall have the object of lease, the lease deposit and the lessee shall have the object of lease.