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(영문) 대구지방법원의성지원 2016.02.17 2015가단2067

양수금 등

Text

1.(a)

Defendant A shall deliver to the Korea Land and Housing Corporation the real estate listed in the attached list.

(b) the defendant.

Reasons

1. Basic facts

A. On April 22, 2009, Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) entered into a lease agreement with Defendant A and the attached list (hereinafter “instant real estate”) with respect to the lease deposit amounting to KRW 27,300,000, and the lease period from September 27, 2009 to November 30, 201 (hereinafter “instant lease agreement”). Defendant A paid the Defendant Corporation KRW 27,300,000 (hereinafter “the lease deposit”).

B. On August 22, 2011, Defendant A transferred to the Plaintiff the instant claim to return the lease deposit of this case, which Defendant A had against the Defendant Corporation. On August 23, 2011, Defendant A notified the Defendant Corporation of the assignment of the said claim by content-certified mail, and around that time, the said notification reached the Defendant Corporation.

【Defendant A: Confession (Article 150(3) and (1) of the Civil Procedure Act)

2. According to the above facts, inasmuch as the instant lease agreement terminated upon the expiration of the term, Defendant A is obligated to deliver the instant real estate to the Defendant Corporation upon the Plaintiff’s request by subrogation of the Defendant Corporation. At the same time, the Defendant Corporation is obligated to pay the Plaintiff the Plaintiff the claim for the refund of the instant lease deposit from KRW 27,300,000, deducting all obligations, such as rent, management fee, etc., that Defendant A owes to the Defendant Corporation under the instant lease agreement.

3. In conclusion, each claim against the Defendants against the Plaintiff is accepted on the grounds of its reasoning. It is so decided as per Disposition.