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(영문) 서울중앙지방법원 2013.11.12 2013가단5011839

양수금등

Text

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.

Reasons

1. Facts of recognition;

A. On December 27, 2010, the Defendant entered into a lease agreement with the Korea Land and Housing Corporation by setting the lease deposit amount of KRW 25,975,00, monthly rent of KRW 155,850, and the period from January 1, 201 to December 31, 2012.

B. On September 10, 201, the Seocho Saemaul Savings Depository granted a loan of KRW 22,00,000 per annum to the Defendant at 6.8% per annum, 22% per annum, 22% per annum, and 31 December 2012 at maturity.

C. For the payment of the above loan, the defendant transferred the above lease deposit deposit claim against the Korea Land and Housing Corporation to the Seocho Saemaul Bank, and notified the Korea Land and Housing Corporation of such transfer.

After that, the Seocho Saemaul Saemaul Bank transferred the above lease deposit claim to the plaintiff and notified the Korea Land and Housing Corporation of the transfer.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Determination:

A. According to the above facts of recognition as to the cause of the claim, the period during which the above loan obligation arrives on December 31, 2012, and the lease between the defendant and the Korea Land and Housing Corporation expires on December 31, 2012. The defendant is obligated to deliver the instant real estate to the Korea Land and Housing Corporation upon the termination of the lease. The plaintiff can exercise the right to claim the delivery of the instant real estate held by the Korea Land and Housing Corporation against the defendant as the lessee for the exercise of the right to claim the refund of the lease deposit against the Korea Land and Housing Corporation.

Therefore, the defendant is obligated to deliver the real estate of this case to the Korea Land & Housing Corporation.

The plaintiff's lawsuit seeking the return of the lease deposit against the Korea Land and Housing Corporation was finalized by the settlement recommendation decision.

B. The judgment of the defendant on the defendant's assertion is made by the plaintiff of Seocho-gu Saemaeul Fund.