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1. Defendant A shall deliver to the Korea Land and Housing Corporation the buildings listed in the separate sheet.
2. Defendant.
Reasons
1. Basic facts
A. On January 30, 2012, Defendant A entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) on the lease deposit amounting to KRW 16,04,00, monthly rent of KRW 128,90, and the term of lease from February 1, 2012 to January 31, 2014 (hereinafter “instant lease agreement”).
B. On August 6, 2013, Defendant A obtained a loan of KRW 11 million from the Plaintiff (interest 5.5% per annum, maturity January 31, 2016; hereinafter “instant loan”). On July 24, 2013, Defendant A transferred the lease deposit under the instant lease agreement to the Plaintiff and expressed his/her intent to transfer the claim to the Defendant Corporation, and Defendant A received the declaration of intention to transfer the claim at that time.
C. Meanwhile, the instant lease agreement is renewed between the Defendants, and is still maintained as a condition to January 31, 2018, with the present lease deposit of KRW 17,637,00, monthly rent of KRW 141,690, and the lease term of KRW 1490.
[Ground of recognition] Facts without dispute, entry in Gap evidence 1 through 8 (including all branch numbers, if any) and the purport of the whole pleadings
2. After the lessor was notified of the transfer of the right to claim the return of the lease deposit, the effect of the agreement can not be affected by the transferee of the right to claim the return of the deposit, even if the lessor and the lessee have made an explicit or implied agreement on the renewal of the lease contract or extension of the contract term (see Supreme Court Decision 88Meu4253, Apr. 25, 1989). According to the above findings, the lease contract in this case is deemed to have already been terminated on May 31, 2013.
Therefore, barring any special circumstance, Defendant A is obligated to deliver the instant apartment to the Defendant, and Defendant A is obligated to deliver the instant apartment to the Defendant.