양수금 등 청구의 소
1. The defendant shall deliver to the Korea Land and Housing Corporation real estate stated in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
1. The fact that the Defendant: (a) leased the real estate listed in the separate sheet from the Korea Land and Housing Corporation (hereinafter “the apartment of this case”) at KRW 55 million; (b) the monthly rent of KRW 430,000,000 (hereinafter “instant lease”); (c) on May 16, 201, the Defendant’s wife transferred the above lease deposit repayment claim against the Korea Land and Housing Corporation to the Plaintiff for the payment of the loan owed to the Plaintiff; and (d) completed the notification of the transfer to the Korea Land and Housing Corporation on the same day; and (c) on April 30, 2017, the said lease contract was renewed after the termination of the period in 2013, but the renewed lease contract expired, either is not disputed between the parties, or can be recognized in view of the overall purport of the pleadings as stated in the evidence No. 1-2, evidence No. 2, evidence No. 4-1, and evidence No. 4-2.
2. Determination
A. According to the facts of the determination on the cause of the claim, the instant lease agreement was terminated at the latest on April 30, 2017, and thus, the lessee is obligated to deliver the instant real estate to the Korea Land and Housing Corporation, a lessor, upon the Plaintiff’s request subrogated to the Korea Land and Housing Corporation, in order to preserve the claim for refund of lease deposit against the Korea Land and Housing Corporation transferred by the Defendant.
B. The defendant's assertion is alleged to be unable to respond to the plaintiff's claim because the defendant's judgment on the defendant's assertion is in consultation with the Korea Land and Housing Corporation about extension of the term of the lease contract with the Korea Land and Housing Corporation.
Therefore, the defendant's argument is without merit.
In addition, the defendant asserts that the plaintiff has no right to deliver the apartment of this case to the Korea Land and Housing Corporation, but as seen above, the plaintiff is against the Korea Land and Housing Corporation acquired from the defendant.