양수금
1. Defendant C shall deliver to Defendant D the real estate listed in the separate sheet.
2. Defendant D shall be attached to Defendant C.
1. Determination as to the cause of claim
A. The following facts are acknowledged, either in dispute between the parties or in full view of Gap evidence 1, 2, and 3-1 to 6, and the purport of the entire arguments:
1) On October 1, 2015, Defendant C is the real estate indicated in the separate sheet (hereinafter “instant real estate”) between Defendant D and Defendant D.
(3) A lease agreement with the term of lease deposit amounting to KRW 30 million and the term of lease specified from October 1, 2015 to September 30, 2017 (hereinafter “instant lease agreement”).
A) Defendant C paid KRW 30,000,000 under the instant lease agreement to Defendant D around that time. After that time, the instant lease agreement was implicitly renewed until September 30, 2019 after the said lease term expired. (2) Defendant C transferred on February 11, 2019 the amount of KRW 7,00,000, out of the lease deposit return claim under the instant lease agreement (hereinafter “lease deposit return claim”).
Accordingly, on June 20, 2019, the Plaintiff notified Defendant D of the transfer on behalf of Defendant C, and Defendant D received the above transfer notification on June 25, 2019.
B. Determination 1) According to the above facts, barring any special circumstance, the instant lease agreement was terminated upon the expiration of September 30, 2019, which is the expiration date of the renewed lease term, as seen above. Accordingly, Defendant C is obliged to deliver the instant real estate to Defendant D.
As a result, the Plaintiff acquired the part of KRW 7,00,000 among the claim for the return of the lease deposit of this case, and has the right to seek the delivery of the real estate of this case against Defendant C by subrogation of Defendant D in order to preserve the claim for the above transfer deposit.
I would like to say.
3. In addition, Defendant D’s transfer of the portion of KRW 7,00,000, out of the claim for the return of the lease deposit of this case, to the Plaintiff, is simultaneously with the delivery of the instant real estate from Defendant C.