건물인도 등
1. Defendant A 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 July 31, 2012, Defendant A entered into a lease agreement with the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) regarding the instant real estate (hereinafter “instant lease agreement”) with the lease deposit amounting to KRW 19,045,00, monthly rent amounting to KRW 268,870, and the term of lease from August 1, 2012 to July 31, 2014 (hereinafter “instant lease”).
B. On January 28, 2013, the Plaintiff loaned KRW 15,000,000 to Defendant A, and as a security, transferred the instant lease deposit claim against Defendant A against Defendant A.
Accordingly, on January 28, 2013, Defendant A notified Defendant A of the assignment of the above assignment of claims to Defendant Corporation, and the above assignment of claims reached Defendant Corporation around that time.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. Determination:
A. According to the facts of the determination on the cause of the claim, the instant lease agreement was terminated on July 31, 2014, and thus, Defendant A, a lessee, is obligated to deliver the instant real estate to the Defendant Corporation, a lessor, and Defendant A, barring any special circumstance, is obliged to pay the Plaintiff KRW 19,045,000 as the deposit for the lease of this case, simultaneously with the delivery of the instant real estate from the Defendant to the Plaintiff.
B. 1 The Defendant Corporation’s defense is defense to the effect that it cannot respond to the Plaintiff’s claim since the instant lease contract was renewed and Defendant A resides in the instant real estate.
However, even if there is an explicit or implied agreement between the lessor and the lessee regarding the renewal of the lease contract or extension of the contract period after the lessor was notified of the transfer of the right to claim the return of the lease deposit, the effect of the agreement can not be affected by the transferee of the claim
Therefore, even if the defendant Corporation received the notification of transfer of the right to return the lease deposit and agreed to renew the lease contract with the defendant A, the agreement is concluded.