(영문) 서울중앙지방법원 2018.07.19 2018가단5016006

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(영문) 서울중앙지방법원 2018.07.19 2018가단5016006

양수금

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1. The defendant shall deliver to the Joint defendant Korea Land and Housing Corporation the real estate listed in the attached list.

2. The plaintiff's request.

Reasons

1. Facts of recognition;

A. On December 14, 2016, the Defendant entered into a lease agreement with the Joint Defendant Korea Land and Housing Corporation (hereinafter “Korea Land and Housing Corporation”) as KRW 7,446,00 with respect to the real estate indicated in the separate sheet (hereinafter “instant real estate”) and began to reside in the leased property after being delivered the lease agreement, and the deposit was increased by KRW 14,446,00.

B. On December 15, 2016, the Plaintiff transferred the lease deposit claim against the Defendant under the said lease agreement (hereinafter “instant claim”) from the Defendant, and loaned KRW 14,400,000 to the Defendant on December 22, 2016.

At the time of the above loan, the Defendant promised to the Plaintiff that “if the Plaintiff fails to pay the principal and interest of the loan by the due date (or due date for loss of the benefit of time), you shall immediately order the lessor to order the lessor to return all of the lease deposit directly even within the due date.”

C. The Defendant did not pay the principal and interest of the Plaintiff and lost the benefit of September 23, 2017.

After that, on March 23, 2018, when the lawsuit of this case was pending, the Plaintiff transferred the instant claim to the succeeding intervenor, and notified the Defendant on April 3, 2018.

[Based on Recognition] Each entry of Gap evidence 1 to 10 (including each number), and the purport of the whole pleading

2. Determination:

A. The Plaintiff asserted that the Plaintiff was entitled to seek to deliver the instant real estate to the Korea Land and Housing Corporation as the creditor of the instant loan, but the Plaintiff was deemed to have transferred the instant claim to the succeeding intervenor. Therefore, the Plaintiff’s assertion is without merit.

B. According to the above facts, the defendant is obligated to deliver the real estate of this case to the Korea Land and Housing Corporation.

3. If so, the plaintiff's claim is dismissed as it is without merit, and the successor's claim is accepted as reasonable.

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