logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 군산지원 2018.08.09 2017가단7724
양수금 등
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. Facts of recognition;

A. On January 14, 2014, Defendant A leased real estate listed in the separate sheet (hereinafter “instant real estate”) from Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) with a lease deposit of KRW 22,866,00, monthly rent of KRW 130,660, and the lease term of KRW 2 years (hereinafter “instant lease agreement”), and around that time, Defendant A received delivery of the instant building from Defendant Corporation.

B. On January 16, 2014, Defendant A transferred to the Plaintiff the claim for return of the lease deposit amounting to KRW 22,866,00 under the instant lease agreement, and notified the Defendant Corporation of the assignment of the claim on the same day.

The above assignment notification reached the defendant Corporation on the same day.

[Ground for Recognition] Defendant A: The fact that there is no dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 4, Eul evidence Nos. 1 through 4 (including branch numbers), the purport of the whole pleadings.

2. Determination:

A. According to the facts of the judgment as to the cause of the claim, since the lease contract of this case was terminated at the expiration of the term, Defendant A, a lessee, is obligated to deliver the real estate of this case to the Defendant Corporation upon the Plaintiff’s request subrogated by the Defendant Corporation, a lessor, and the Defendant Corporation is obligated to pay the remainder of the lease deposit after deducting all the claims, such as rent, management fee, etc., which the Defendant Corporation had against the Defendant A under the lease contract of this case from KRW 22,86,00 to the Plaintiff who acquired the claim for the refund of the lease deposit of this case

B. The defendant corporation asserts that since the instant lease contract was renewed, the plaintiff corporation cannot respond to the plaintiff's claim.

The lease contract is renewed or the contract is renewed between the lessor and the lessee after the lessor is notified of the transfer of the right to claim the return of the lease deposit.

arrow