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(영문) 서울중앙지방법원 2020.07.24 2019가단5256603

양수금

Text

1. Defendant C shall deliver to the Korea Land and Housing Corporation the real estate listed in the attached list.

2. Defendant.

Reasons

1. Indication of claims: To be as specified in attached Form 1;

2. As to Defendant C: Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act).

3. According to the facts acknowledged earlier, the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) is the lessor of the real estate indicated in the separate sheet (hereinafter “instant real estate”). Barring special circumstances, the lessee is obligated to return the security deposit deposit to the Plaintiff, who received the transfer of the instant real estate from the Defendant C, as well as the transfer of the security deposit.

However, the security deposit received in the lease of real estate guarantees all the lessee’s obligations arising from the lease relationship, such as rental fee and liability for damages arising from the loss, damage, etc. of an object, and the amount equivalent to the secured obligation is naturally deducted from the security deposit without any separate declaration of intention, barring any special circumstance, when the object is returned after the termination of the lease relationship (see Supreme Court Decision 2015Da23020, Jul. 27, 2016). As such, the Plaintiff acquiring the security deposit acquires the claim for the refund of the security deposit against the Defendant Corporation only on the balance, the amount of which the amount equivalent

Therefore, the Defendant Corporation is obliged to pay the Plaintiff the remaining money after deducting rents, management expenses, etc. from the amount of KRW 34,468,00,00, at the same time with the delivery of the instant real estate from Defendant C.