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Defendant C shall deliver to Defendant Korea Land and Housing Corporation the real estate listed in the attached list to Defendant C.
Reasons
1. Basic facts
A. On March 25, 2015, Defendant C leased real estate (hereinafter “the instant real estate”) indicated in the attached list owned by the Defendant Corporation from the Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) by setting the lease deposit amount of KRW 25,260,00, monthly rent of KRW 126,300, and the lease term of KRW 30, April 30, 2017 (hereinafter “the instant lease agreement”). (b) On May 26, 2015, Defendant C obtained a loan of KRW 20,000,000 from the Plaintiff on a yearly interest rate of KRW 12.6% (first) per annum on delayed payment from the Plaintiff on May 26, 2015 (hereinafter “the instant loan agreement”). To secure the loan, Defendant C transferred the lease agreement’s claim to the Plaintiff and notified the Plaintiff of the said transfer of the lease agreement’s claim to the Plaintiff.
(c)
On April 30, 2019, Defendant C concluded a lease agreement to lease the instant real estate (hereinafter “instant lease agreement”) by setting the lease deposit amount of KRW 27,715,00, monthly rent of KRW 138,570, and the term of lease from May 1, 2019 to April 30, 2021.
【Unfounded grounds for recognition】 Facts without dispute, Gap evidence Nos. 1 through 5, Gap evidence No. 8, the purport of the whole pleadings
2. Judgment on the plaintiff's claim
A. According to the above facts, the lease contract No. 1 of this case was terminated upon the expiration of the term. Thus, Defendant C is obligated to deliver the instant real estate to the Defendant Corporation.
Meanwhile, in order for the Plaintiff to claim the performance of the lease deposit claim under the lease contract No. 1 of this case, the delivery of the real estate of this case should be done first, and the Plaintiff can seek the delivery of the real estate in subrogation of the Defendant Corporation.
Therefore, Defendant C should deliver the instant real estate to the Defendant Corporation.
2) As to this, Defendant C’s construction and lease period to April 30, 2021.