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1. The defendant shall deliver to the plaintiff corporeal movables listed in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
3...
Reasons
1. Basic facts
A. On February 21, 2016, the Defendant entered into a lease agreement with the Plaintiff on five floors (hereinafter “instant building”) from among the buildings listed in the separate sheet (hereinafter “instant building”) to lease the lease deposit of KRW 60 million, monthly rent of KRW 5.5 million (excluding value-added tax), and the lease period from March 20, 2016 to March 19, 2019.
B. The Defendant’s March 3, 2016;
7. On August 1, 2016, the Plaintiff notified the Defendant of the termination of the said lease agreement on the grounds of rent delay.
C. On January 19, 2017, the Plaintiff filed a lawsuit against the Defendant for a claim, such as the name map of the building, and received a judgment from the Suwon District Court, “The Defendant shall order the Plaintiff to order the building indicated in the separate sheet, and shall pay the Plaintiff the amount calculated at the rate of KRW 6,50,000 per month from September 20, 2016 to September 20, 2016, and the above name of the building shall also be completed. The Plaintiff shall pay the amount calculated at the rate of KRW 14,590,90 per annum from September 1, 2016 to the date of full payment. The above judgment became final and conclusive around that time.
On November 8, 2017, the Plaintiff and the Defendant concluded a contract for transfer and takeover of corporeal movables, such as a written contract in the attached Form.
(hereinafter “this case’s transfer contract”) / (based on recognition / s/he has no dispute, entry of Gap’s evidence Nos. 1 through 4, the purport of the whole pleadings.
2. Determination:
A. In a case where the obligor agreed to transfer the property owned by the obligee in relation to the nature of the transfer contract of this case to the obligee in relation to the obligation, it is a matter of the interpretation of the intent of the parties at the time of the agreement whether it was to transfer it as a substitute for the repayment of the previous obligation, or to reserve and transfer liquidation procedures later
If there is no clear proof as to this, the circumstances leading to the agreement and the current situation, the amount of debt at the time of transfer, the value of the subject matter of transfer, and the contents of the obligation such as interest after transfer, and after transfer.