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(영문) 의정부지방법원 고양지원 2018.01.24 2017가단14492

양수금 등

Text

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

2. Defendant.

Reasons

1. Basic facts

A. On July 25, 2014, Defendant B entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) and with regard to the real estate listed in the separate sheet (hereinafter “instant real estate”) as to the lease deposit amount of KRW 31,93,00 (hereinafter “instant lease deposit”), monthly rent of KRW 191,220, and period of lease from August 1, 2014 to July 31, 2016 (hereinafter “instant lease agreement”).

B. On December 16, 2014, the Plaintiff lent KRW 18,000,000 to Defendant B, and on the same day, Defendant B transferred the right to return the lease deposit held by Defendant B with Defendant B as security on the above loan claim.

On the other hand, on December 16, 2014, Defendant B notified Defendant B of the assignment of the above assignment of claims to Defendant Corporation, and the said assignment of claims reached Defendant Corporation on December 18 of the same year.

[Ground for recognition] Defendant B: The Defendant Korea Land and Housing Corporation under Article 208 (3) 2 of the Civil Procedure Act (i.e., the judgment as to whether the case was one’s own)

2. The assertion and judgment

A. According to the facts of the judgment on the cause of the claim, since the lease contract of this case was terminated at the expiration of the term, Defendant B, a lessee, is obligated to deliver the real estate of this case to the Defendant Corporation at the Plaintiff’s request subrogated by the Defendant Corporation, which is the lessor. Upon the Plaintiff’s request by the Defendant B, the Defendant Corporation, at the same time, is obligated to pay the Plaintiff the lease deposit of this case from Defendant B to the Plaintiff from KRW 31,93,00,00, to the Plaintiff under the lease contract of this case until the completion date of delivery of the real estate of this case.

B. The Defendant Corporation still continues to exist after the instant lease agreement was renewed on December 21, 2016.