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(영문) 수원지방법원성남지원 2015.04.21 2014가합204105
양수금등
Text

1. Defendant A shall deliver the real estate listed in the separate sheet to Defendant Mineto Co., Ltd.

2. The defendant corporation.

Reasons

1. Facts of recognition;

A. On May 17, 2006, Defendant A leased the real estate listed in the separate sheet (hereinafter “instant real estate”) from the Mine Land Co., Ltd. (hereinafter “Defendant Company”) as the lease deposit amount of KRW 215,687,00, monthly rent of KRW 494,00, and the period of January 21, 2009 through January 20, 2010.

(hereinafter “instant lease agreement”). B.

Upon the renewal of the instant lease agreement, the Defendants decided to reduce the lease deposit to KRW 151,450,000, but Defendant A paid only KRW 119,826,50 to the Defendant Company (hereinafter “instant lease deposit”).

C. On November 30, 201, Defendant A, the Plaintiff’s obligor, transferred the instant lease deposit to the Plaintiff, notified the Defendant Company of the said transfer by certified mail, and the notification reached the Defendant Company on December 1, 2011.

Defendant A currently occupies the instant real estate under a renewed lease agreement.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1, 2 and 3 (including branch numbers), the purport of the whole pleadings

2. According to the above facts, the lease contract of this case was renewed between the Defendants after the notification of the transfer of the claim for refund of the lease deposit of this case, but the contract of this case was terminated at the expiration of the period for the Plaintiff, the transferee

As such, Defendant A is obligated to deliver the instant real estate to the Defendant Company, a lessor, and the Defendant Company is at the same time obligated to deliver the instant real estate from Defendant A to the Plaintiff, and at the same time, from KRW 119,826,50 to KRW 119,826,50 to the time the delivery of the instant real estate is completed, Defendant A is obligated to pay the Plaintiff

I would like to say.

3. The plaintiff's claim against the defendant A is reasonable.

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