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1.(a)
Defendant B shall deliver to Defendant C the real estate listed in the attached list.
B. Defendant C is above Defendant B.
Reasons
1. There is no dispute between the parties to the facts of the cause of the claim, or the following facts are recognized in full view of Gap evidence Nos. 1 to 5, Eul evidence Nos. 1 to 5 (including each number), and the whole purport of the arguments.
A. Facts as to the grounds for the claim
B. On November 5, 2014, Defendant C entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B, setting the deposit amount of KRW 50,000,000 for the instant real estate, monthly rent of KRW 3,000,000, and the period from December 15, 2014 to December 14, 2016, and Defendant B resided in the instant real estate after paying the deposit to Defendant C in full.
C. Defendant B did not pay the Plaintiff KRW 28,00,000, out of the rent until April 15, 2019, and Defendant B did not pay the Plaintiff KRW 3,209,280,000 in total, up to the end of February 1, 2019 as of April 1, 2019.
2. Determination
A. According to the facts of recognition of the above claim against Defendant B, after the lessor received a collection order against the right to claim the return of the lease deposit, the effect of the agreement can not be affected by the collection creditor of the lease deposit, since the lease contract in this case was terminated on December 14, 2018, even if there was an explicit or implied agreement between the lessor and the lessee regarding the renewal of the lease contract or extension of the contract term.
Therefore, the Plaintiff, the collection obligee of the claim to return the lease deposit under the instant lease agreement, can seek delivery of the instant real estate on the ground of the termination of the above lease agreement by subrogation of the Defendant C based on the obligee’s subrogation right. Therefore, the Defendant B is obligated to deliver the instant real estate to the Defendant C.
B. According to the facts of the above recognition of the claim against Defendant C, at the same time as the transfer of the instant real estate from Defendant C, Defendant C from KRW 50,000,000 to April 15, 2019.