양수금등
1. Defendant B 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 February 3, 2014, Defendant B entered into a contract with the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) to lease real estate listed in the separate sheet (hereinafter “instant apartment”) by setting the lease deposit amount of KRW 9,045,00, and the term of lease from December 1, 2013 to November 30, 2015.
B. On September 9, 2015, Defendant B entered into a contract with the Plaintiff to transfer to the Plaintiff the lease deposit amount of KRW 9,045,000 with respect to the instant apartment, and sent the content-certified mail notifying the assignment of the claim on the same day to the Defendant Corporation. The content-certified mail sent to the Defendant Corporation on September 10, 2015.
C. On December 31, 2019, Defendant B entered into a contract with Defendant Corporation to extend the lease term of the instant apartment from December 1, 2019 to November 30, 2021, and occupied the instant apartment as of the closing date of pleadings.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. After the lessor is notified of the transfer of the claim for return of the deposit, even if the lessor and the lessee have made an explicit or implied agreement on the renewal of the lease contract or extension of the contract term, the effect of the agreement shall not affect the transferee of the deposit repayment claim.
(See Supreme Court Decision 88Meu4253, 4260 delivered on April 25, 1989). In light of the aforementioned legal principles, the lease on the apartment of this case between the Defendant B and the Defendant Corporation was impliedly renewed.
Even in relation to the plaintiff, the relationship with the plaintiff was terminated after November 30, 2017.
Therefore, Defendant B delivered the instant apartment to the Defendant Corporation, and the Defendant Corporation simultaneously delivered the instant apartment from Defendant B to the date of completion of delivery of the instant apartment from KRW 9,045,00 to the Plaintiff.