beta
(영문) 의정부지방법원고양지원 2016.02.26 2015가단90607

양수금

Text

1. Defendant A shall deliver to the Korea Land and Housing Corporation the real estate listed in the separate sheet.

2. Defendant.

Reasons

1. Basic facts

A. On August 26, 201, the Plaintiff loaned KRW 18,800,000 to Defendant A at the expiration date of the lending period at the rate of 5.9% per annum on September 30, 2013.

B. On August 17, 2011, the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) entered into a lease agreement with Defendant A on KRW 23,500,000 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) and the lease period of KRW 23,50,000, and the lease period of KRW 2 years. Defendant A paid the lease deposit to the Defendant Corporation.

B. On August 17, 2011, Defendant A transferred the instant claim to the Defendant Corporation for the refund of the lease deposit to the Plaintiff as security for the said loan obligation, and on August 18, 2011, Defendant A notified the Defendant Corporation of the transfer of the said claim by content-certified mail.

In addition, Defendant A prepared and delivered a letter of commitment to deliver the building to the lessor immediately so that the Plaintiff can be refunded the lease deposit if the Plaintiff is unable to pay the principal and interest of the loan by the due date or due date of repayment.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. According to the above facts, since the lease contract of this case was terminated upon the expiration of the term, Defendant A is obligated to deliver the instant real estate to the Defendant Corporation upon the Plaintiff’s request subrogated by the Defendant Corporation. At the same time, Defendant A is obligated to deliver the instant real estate from the Defendant to the Plaintiff who acquired the claim for the refund of the instant lease deposit from the Plaintiff who acquired the claim for the refund of the instant lease deposit from the Plaintiff under the instant real estate lease agreement, the remainder after deducting all the claims against Defendant A under the instant real estate lease agreement.

B. As to this, the Defendant Corporation cannot exercise the right to terminate the lease contract on behalf of the Plaintiff on behalf of the Defendant, and the contract after the termination of the lease contract.