양수금
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 August 12, 2015, Defendant A entered into a 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”), with regard to the lease deposit amounting to KRW 42,874,00, monthly rent of KRW 292,410, and the term of lease from August 1, 2015 to July 31, 2017 (hereinafter “instant lease”).
B. On October 8, 2015, the Plaintiff loaned KRW 36,300,000 to Defendant A, and as security, transferred the right to return the lease deposit of this case held by Defendant A against Defendant A Corporation.
On October 8, 2015, Defendant A notified Defendant A of the assignment of the above assignment of claims to Defendant Corporation, and on October 12, 2015, Defendant A sent notice to Defendant Corporation.
[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through 6, or 1, the purport of the whole pleadings and arguments
2. Determination
A. According to the above findings of the determination on the cause of the claim, since the lease contract of this case was terminated upon the expiration of the period, Defendant A, a lessee, is obligated to deliver the real estate of this case to the Defendant Corporation, a lessor, and Defendant A, barring any special circumstance, is obliged to pay the Plaintiff KRW 42,874,00 as the deposit for lease of this case, simultaneously with the delivery of the real estate from Defendant A
B. Defendant Corporation’s defense is a defense to the effect that all the claims against Defendant A arising from the instant lease relationship, until the completion date of delivery of the instant real estate, should be deducted from the instant lease deposit.
In the lease of real estate, the deposit that the lessee pays to the lessor is to secure all the obligations of the lessee arising from the lease relationship until the lease relationship terminates and the lessee returns the object (see Supreme Court Decision 2012Da49490, Sept. 27, 2012), and the Defendant Corporation is the subject of this case.