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. The following facts are found either to be in dispute between the Parties or to be recognized by comprehensively considering the overall purport of the pleadings in each entry in Gap evidence of No. 1 to 6 (including evidence with a serial number):
A. On April 16, 2009, Defendant A entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) stipulating that real estate recorded in the order (hereinafter “instant apartment”) shall be leased KRW 29,291,00, monthly rent of KRW 199,00, and the term of lease from January 30, 201 to February 29, 2012 (hereinafter “instant lease agreement”).
B. On February 19, 2010, Defendant A obtained a loan of KRW 23.4 million from the Plaintiff (interest 6.3% per annum, due date, February 19, 2012; hereinafter “instant loan”). On February 2, 2010, Defendant A transferred the right to refund the lease deposit under the instant lease agreement to the Plaintiff and expressed his/her intention to transfer the claim to the Defendant Corporation, and Defendant A received the declaration of intention to transfer the said claim on February 3, 2010.
C. Meanwhile, although the maturity of the instant loan obligation last arrived on July 15, 2015, Defendant A failed to repay it to the Plaintiff. Defendant A was finally renewed two times after the instant lease agreement, and the term of lease expired on February 29, 2016.
2. The assertion and judgment
A. After a lessor received a notice of the transfer of a lease deposit claim, the effect of the agreement between the lessor and the lessee can not be affected by the transferee of the deposit. (See Supreme Court Decision 88Meu4253, Apr. 25, 1989) In light of the above recognition, the instant lease contract is already terminated on February 29, 2012. Thus, barring any special circumstance, the Defendant, barring any special circumstance.