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1. Defendant A shall deliver to the Korea Land and Housing Corporation the buildings listed in the separate sheet.
2. Defendant.
Reasons
1. Basic facts
A. On January 2, 2014, Defendant A entered into a lease agreement with the Defendant Corporation (hereinafter “instant lease agreement”) stipulating that the instant building is leased KRW 74,408,00, monthly rent of KRW 429,680, and period of lease from January 1, 2014 to December 31, 2015 (hereinafter “instant lease agreement”).
B. On January 26, 2015, Defendant A obtained a general loan of KRW 81,800,000 from the Plaintiff (interest rate of KRW 12% per annum, and January 26, 2017, respectively). In order to secure the payment of the said loan, Defendant A transferred KRW 74,408,000 to the Plaintiff on January 22, 2015, and expressed his/her intent to transfer the lease deposit amount of KRW 74,408,00 to the Defendant Corporation.
C. Since May 9, 2015, Defendant A lost the benefit of the time limit for the obligations of the above loan to a natural body.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings
2. After the lessor was notified of the transfer of the right to claim the return of the lease deposit, the effect of the agreement can not be affected by the transferee of the right to claim the return of the deposit, even if the lessor and the lessee have made an explicit or implied agreement on the renewal of the lease contract or extension of the contract term (see Supreme Court Decision 88Meu4253, Apr. 25, 1989). According to the above findings, the lease contract of this case was already terminated on December 31, 2015.
Therefore, Defendant A is obligated to deliver the instant building to the Defendant Corporation, and the Defendant Corporation is also obligated to pay KRW 74,408,000 to the Plaintiff who acquired the right to return the lease deposit under the instant lease agreement at the same time as the transfer of the said building.
In this regard, the defendant corporation is obligated to return only the balance after deducting the unpaid rent, management fee, etc. of the defendant A from the above lease deposit.