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 deemed to have been led to confession between the Plaintiff and the Defendant C pursuant to Article 150 of the Civil Procedure Act. The Plaintiff and the Defendant D may not be disputed, or the entire purport of the pleadings may be acknowledged by taking into account each of the statements in subparagraph 1-1 through 6.
1) As between Defendant C and Defendant D on December 27, 2017, Defendant C agreed to lease the instant real estate from Defendant D with the term of KRW 150 million, KRW 250,000,000,000,000,000, monthly rent, and the term of lease from May 9, 2016 to May 8, 2019 (hereinafter “instant lease”).
(2) Under the instant lease agreement, Defendant C paid a deposit of KRW 150 million to Defendant D, and occupied and used the instant real estate from Defendant D until now.
3) On December 27, 2017, Defendant C extended a loan of KRW 10 million from the Plaintiff on December 27, 2017 at a rate of 27.9% per annum on December 31, 2022, interest and delay damages (hereinafter “instant loan”).
(4) On December 27, 2017, Defendant C transferred to the Plaintiff KRW 10 million out of the claim for the refund of the instant lease deposit, in order to secure the Plaintiff’s obligation for the instant loan to the Plaintiff.
On April 8, 2019, the Plaintiff delegated the notification authority of the assignment of the above assignment to Defendant C, and sent the notification of the assignment of the above assignment to Defendant D by the content certification on behalf of Defendant C.
The above content certification reached Defendant D on April 11, 2019.
B. As the instant lease contract has expired due to the expiration of the lease term, Defendant C, a lessee, is obligated to deliver the instant real estate to Defendant C, a lessor, according to the Plaintiff’s claim in this case, who exercises the subrogation right as a creditor who takes over part of the claim to return the lease deposit in this case, and Defendant D, barring special circumstances, simultaneously with the delivery of the instant real estate from Defendant C.