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(영문) 부산지방법원 2016.02.02 2015가단43314
양수금등
Text

1. The defendant shall deliver to the Korea Land and Housing Corporation real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Facts of recognition;

A. On May 1, 2012, the Korea Land and Housing Corporation: (a) leased real estate listed in the attached list (hereinafter “instant apartment”) to the Defendant with a lease deposit of KRW 10,458,00; (b) monthly rent of KRW 133,480; and (c) period from May 1, 2012 to April 30, 2014; and (d) concluded a lease agreement with the Defendant to reduce the monthly rent of KRW 66,810, instead of increasing the lease deposit to KRW 20,458,00 (hereinafter “instant lease agreement”).

B. On December 6, 2013, the Defendant transferred the above claim to the Korea Land and Housing Corporation to the Plaintiff for refund of the lease deposit, notified the Korea Land and Housing Corporation of the assignment of the above claim on the same day, and the above notification reached the Korea Land and Housing Corporation on December 11, 2013.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. According to the above facts of recognition, since the lease contract of this case was terminated at the expiration of the term, the lessee is obligated to deliver the apartment house of this case to the Korea Land and Housing Corporation, a lessor, upon the Plaintiff’s subrogation.

3. According to the conclusion, the plaintiff's claim of this case is accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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