beta
(영문) 서울중앙지방법원 2016.11.29 2016가단57473

양수금 및 건물명도

Text

1. Defendant A shall deliver to the Korea Land and Housing Corporation the real estate listed in the separate sheet.

2. Defendant.

Reasons

Comprehensively taking account of the overall purport of Gap evidence Nos. 1 through 8 (including household numbers) and all pleadings, defendant A entered into a lease agreement with the Korea Land and Housing Corporation around December 22, 2010 with the term of lease of 23,50,000 won from December 26, 2011 to February 26, 2014, and 15,000 won from monthly rent of 23,50,000 won (hereinafter "the instant lease agreement"), and paid 23,50,00,000 won to the defendant Korea Land and Housing Corporation (hereinafter "the instant lease agreement"), and (2) the Plaintiff entered into a lease agreement with the Korea Land and Housing Corporation as 20,000 won and 20,000 won and 30,000 won and 20,000 won and 16,000 won and 20,000 won and 16,01,000 won and 28,01.

According to the above facts, the term of the instant lease agreement expired on February 26, 2014, and even if there was an explicit or implied agreement between the Defendants regarding the renewal of the lease agreement or the extension of the term of the lease, the validity of the agreement after the Defendant Korea Land and Housing Corporation was notified by the Plaintiff of the transfer of the claim for the refund of the lease deposit, cannot be affected by the Plaintiff, who is the transferee of the claim for the refund of the lease deposit (see Supreme Court Decision 88Meu4253, Apr. 25, 1989). The instant lease agreement expired on February 26, 2014.

Accordingly, the defendant A is the defendant.