양수금 등
1. Defendant A shall deliver to the Korea Land and Housing Corporation the buildings listed in the separate sheet.
2. Defendant.
1. Facts of recognition;
A. On October 8, 2010, Defendant A entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant Korea Land and Housing Corporation by setting the lease deposit amount of KRW 50,000,000, monthly rent of KRW 420,000, and the term of lease by October 31, 2012.
The lease term of this case was extended to October 31, 2014 after the lease term was extended.
B. On April 11, 2011, Defendant A transferred to the Plaintiff the right to refund the lease deposit under the instant lease agreement, and notified the Defendant Korea Land and Housing Corporation of the assignment of the claim on the same day.
C. On April 13, 201, Defendant A borrowed KRW 40,000,00 from the Plaintiff as of October 31, 201, and around that time, Defendant A did not repay the principal and interest of the loan to the Plaintiff by the due date or the due date for repayment. In the event that Defendant A did not repay the principal and interest of the loan to the Plaintiff by the due date or the due date for repayment, Defendant A terminated the instant lease agreement and written an explanation of performance to deliver the instant building to the Plaintiff or the Plaintiff’s designated person.
Defendant A did not pay the principal and interest of the loan to the Plaintiff even after the lapse of October 31, 2014, which was the final due date.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings
2. Determination
A. According to the above facts as to the cause of the claim, the instant lease agreement was terminated on October 31, 2014, and barring any special circumstance, Defendant A is obligated to deliver the instant building to the Korea Land and Housing Corporation upon the Plaintiff’s request subrogated by the Defendant Korea Land and Housing Corporation. The Defendant Korea Land and Housing Corporation is obligated to pay 50,000,000 lease deposit to the Plaintiff who acquired the claim for return of lease deposit, along with the delivery of the instant building from Defendant A.
B. As to the assertion by the Defendant Korea Land and Housing Corporation, the Defendant Korea Land and Housing Corporation and the Plaintiff.