양수금
1. Defendant A shall deliver to the Korea Land and Housing Corporation the real estate listed in the separate sheet.
2. Defendant.
1. Fact-finding;
A. On April 29, 2016, Defendant A entered into a lease agreement with the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) by setting the lease deposit amount of KRW 22,436,00 as well as KRW 171,650 per month of rent, and the period of May 31, 2018.
B. On May 2, 2016, Defendant A, upon receiving a loan of KRW 17,948,80 from the Plaintiff (the repayment period: the interest rate on May 31, 2018; the interest rate shall be 3.7% per annum; and the interest rate on arrears: 18% per annum), transferred the right to the instant lease deposit against the Defendant Corporation to the Plaintiff in order to secure the said loan’s obligation, and notified the Defendant Corporation of the said transfer on May 3, 2016.
C. After that, Defendant A lost the benefit of September 4, 2017 due to the delinquency of the said loan obligation. The sum of the principal and interest up to the filing date ( November 27, 2017) of the instant lawsuit (hereinafter “instant lawsuit”) was KRW 18,535,660 (the principal amount was KRW 17,948,80) and the lease agreement between the Defendants was terminated on May 31, 2018.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings
2. Determination
A. According to the above facts as to the claim against Defendant A, Defendant A is obligated to deliver the instant real estate to the Defendant Corporation, and the Defendant Corporation is also obligated to pay the remainder of the lease deposit after deducting the overdue rent, management fee, and other claims arising from the instant lease agreement from the Plaintiff, the assignee of the lease deposit, as well as the delivery of the instant real estate from Defendant A.
In addition, since the creditor who has taken over the lease deposit claims needs to take over the lessee's real estate in order to claim the performance of the lease deposit, the delivery of the lessee's real estate is also required. Therefore, unlike the ordinary obligee's subrogation lawsuit, there is no relationship between the preservation of the claim and the existence of the lessor's financial ability.