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(영문) 수원지방법원성남지원 2015.03.03 2014가단223444
양수금
Text

1. The defendant shall list the attached real estate list to the Korea Land and Housing Corporation (172, Automatic, LH2, Mail-ro, Seongbuk-gu, Seongbuk-gu).

Reasons

In light of the fact that there is no dispute, and comprehensively taking account of the purport of the entire pleadings in Gap evidence Nos. 1-7, the defendant transferred the lease deposit claim 13.8 million won to the plaintiff on July 25, 2012 with the Korea Land and Housing Corporation listed in the attached list of real estate (hereinafter “instant real estate”) and notified the Korea Land and Housing Corporation of the same day, and the fact that the lease agreement on the instant real estate between the defendant and the Korea Land and Housing Corporation terminated on November 30, 2013.

Therefore, the defendant is obligated to deliver the real estate of this case to the Korea Land and Housing Corporation.

On the other hand, in order for the plaintiff to have the Korea Land and Housing Corporation fulfill the above lease deposit obligation, the defendant's obligation to deliver the real estate in this case to the Korea Land and Housing Corporation, which is simultaneously performing the above lease deposit obligation of Korea Land and Housing Corporation.

However, since the Korea Land and Housing Corporation did not request the defendant to transfer the real estate of this case, the plaintiff can request the defendant to return the real estate of this case to the Korea Land and Housing Corporation in subrogation of the debtor to compensate for the above lease deposit claims.

Accordingly, the plaintiff's claim of this case is accepted on the ground of the reasons.

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