양수금
1. Defendant A shall deliver to Defendant EP the real estate listed in the separate sheet to Defendant EP.
2. Defendant.
1. Basic facts
A. From around 2007, Defendant A leased and used the real estate listed in the separate sheet (hereinafter “instant apartment”) from Defendant EAS Corporation (hereinafter “Defendant Corporation”). However, on March 21, 2013, the lease deposit was set at KRW 41,60,000 (hereinafter “instant lease deposit”) and the period thereof, respectively, on March 31, 2015, when the lease contract was renewed again, and the said lease deposit was paid to the Defendant Corporation.
B. On October 25, 2013, the Plaintiff leased KRW 33,200,00 to Defendant A with interest rate of KRW 3.39% per annum and due date on October 25, 2015 (hereinafter “instant loan”). Defendant A transferred the instant lease deposit refund claim to Defendant Corporation on October 22, 2013 to the Plaintiff on the security of the said loan obligation, and notified the Defendant Corporation of the transfer, and thereafter, the said assignment of claim was issued to the Defendant Corporation around that time.
C. Defendant A did not pay interest on the instant loan claims, thereby losing the benefit of September 25, 2015.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings
2. Assertion and determination
A. Since the delivery of the apartment of this case by Defendant A needs to be done in advance in order for the Plaintiff to claim the return of the deposit to Defendant Corporation, which is the debtor, to whom the Plaintiff acquired the claim to return the lease deposit of this case in determining the cause of the claim, the Plaintiff may seek the delivery of the apartment of this case against Defendant A by subrogation of
(See Supreme Court Decision 88Meu4253, 4260 Decided April 25, 1989. Since the lease contract of the apartment of this case has expired on March 31, 2015, Defendant A, upon the Plaintiff’s subrogation request, delivers the apartment of this case to the Defendant Corporation, and Defendant Corporation simultaneously delivers the apartment of this case from Defendant A to the Plaintiff, the assignee of the claim.