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(영문) 서울서부지방법원 2019.01.31 2018가단12783

양수금등

Text

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.

Reasons

1. Facts of recognition;

A. On April 10, 2013, Defendant C leased the instant real estate listed in the separate sheet (hereinafter “instant real estate”) from Defendant D by setting the lease deposit of KRW 10,000,000, monthly rent of KRW 200,000, and the lease term of KRW 200,000 from April 28, 2013 to April 27, 2015 (hereinafter “instant lease agreement”), and until now, Defendant C occupied and used the instant real estate.

B. On June 11, 2013, the Plaintiff was issued and delivered one promissory note of KRW 10,000,000 from the Defendant C in order to secure the loan by setting the amount of KRW 3.2% per month and the due date on September 10, 2013. On the other hand, the Plaintiff was transferred the right to return the lease deposit under the instant lease agreement.

C. On March 7, 2014, Defendant C notified Defendant D of the transfer of the above lease deposit claim by means of content-certified mail with a fixed date, and on March 10, 2014, the notice was served.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 3 evidence (including paper numbers) and the purport of the whole pleadings

2. According to the above fact-finding, the instant lease contract terminated on April 27, 2015.

In other words, even if a lessor and a lessee have made an explicit or implied agreement with regard to the renewal or extension of the term of the lease contract after being notified of the transfer of the lease deposit claim, such agreement cannot be effective against the assignee of the claim to return the deposit (see, e.g., Supreme Court Decision 88Meu4253, Apr. 25, 1989). Even if Defendant D’s assertion, the Defendants agreed to increase the rent to KRW 300,000 per month upon the renewal of the instant lease contract, and Defendant D notified Defendant C of the termination of the lease contract on April 16, 2018, and to the same purport on May 24, 2018.