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Reasons
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(영문) 서울중앙지방법원 2016.05.18 2015가단141845
양수금 등
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1. Defendant A shall deliver to the Korea Land and Housing Corporation the real estate listed in the attached list.

2. Defendant.

Reasons

1. Facts of recognition;

A. 1) Defendant A entered into a lease agreement with the Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) on April 21, 2005

between the Defendant Corporation and the real estate listed in the separate sheet (hereinafter “instant real estate”)

Since the conclusion of a lease agreement under the terms and conditions of lease, Defendant A made an increased amount of lease deposit upon entering into a re-contract with the Defendant on May 24, 2013. Defendant A entered into a re-contract with the Defendant Corporation even on May 24, 2013. The content was that the instant real estate was leased from the Defendant Corporation by setting the lease deposit amount of KRW 11,321,00, monthly rent of KRW 108,030, monthly rent of KRW 108,030, and from June 1, 2013 to May 31, 2015 (hereinafter “instant lease agreement”).

2) Defendant A occupies and uses the instant real estate.

B. (1) On the other hand, Defendant A (hereinafter “MS Mutual Savings Bank”) on June 26, 2012, on the other hand, Company A (hereinafter “MS Mutual Savings Bank”).

(2) On July 31, 2015, 200, IMS Mutual Savings Bank transferred the claim for the refund of the lease deposit amount of KRW 10,803,00 to Defendant Corporation with respect to the instant real estate to Defendant Corporation; on the same day, it notified Defendant Corporation of the transfer of the said claim by content-certified mail; and thereafter, IMS Mutual Savings Bank transferred the claim for the refund of the lease deposit amount of KRW 10,803,00 to the Plaintiff on July 31, 2015; on the delegation of the right to notify from IMS Mutual Savings Bank, the Defendant notified Defendant Corporation of the transfer of the claim by content-certified mail; and around that time, it reached Defendant Corporation.

[Judgment of the court below] The plaintiff and the defendant Corporation did not have any dispute, Gap's 1 through 6, Gap's 1 to 6, the purport of the whole pleadings and defendant Gap: The confession (Article 150 (3) of the Civil Procedure Act)

2. Determination

A. According to the facts of the above recognition as to the claim against Defendant A, the instant lease agreement on May 31, 2015.

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