양수금 등
1. Defendant A shall deliver to the Korea Land and Housing Corporation the real estate listed in the separate sheet.
2. Defendant.
1. Facts of recognition;
A. On May 22, 2015, Defendant A entered into a lease agreement with the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) (hereinafter “instant real estate”) with the lease deposit of KRW 15,647,00, and the lease term of KRW 15,647,00, and from June 1, 2015 to May 31, 2017 (hereinafter “instant lease agreement”), and used the instant real estate until now.
B. On May 29, 2015, Dongbu Fire and Marine Insurance Co., Ltd. (hereinafter “Dongbu Fire”) concluded a credit transaction agreement with Defendant A, and set a loan of KRW 11,60,000 to Defendant A at 4.29% of the loan interest rate, maximum of 19% of the overdue interest rate, and the maturity of May 31, 2017.
C. In the event of the foregoing credit transaction agreement, Dongbu Fire and Defendant A entered into a contract on the transfer of the claim for the refund of the deposit to Defendant A’s Defendant Corporation to the Dongbu Fire, and the said transfer of the claim was notified to the Defendant Corporation on June 1, 2015.
After that, Defendant A lost the benefit of time by delaying the repayment of loans to the Dongbu Fire, and on May 2, 2016, Dongbu Fire transferred to the Plaintiff the obligation to return the loans to Defendant A and the obligation to return the lease deposit to Defendant A, and on May 3, 2016, each of the above assignment of claims was notified to Defendant A around May 3, 2016, and around September 12, 2016, respectively.
[Ground for Recognition] Defendant A: The fact that there is no dispute over the Defendant Corporation, each entry of evidence Nos. 1 through 7, and the purport of the whole pleadings
2. According to the facts of the judgment on the Plaintiff’s claim, the instant lease agreement terminated on May 31, 2017, and thus, the Defendant A is obligated to deliver the instant real estate to the Defendant Corporation upon the subrogation claim to preserve the Plaintiff’s claim to refund the lease deposit against the Defendant Corporation. The Defendant Corporation simultaneously receives the instant real estate from Defendant A.