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1. Defendant B shall deliver to the Korea Land and Housing Corporation the real estate listed in the separate sheet.
2. Defendant.
Reasons
1. Facts of recognition;
A. On August 7, 2009, the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) concluded an initial lease agreement with Defendant B on real estate listed in the separate sheet (hereinafter “instant real estate”) and subsequently renewed the lease agreement every two years on December 22, 2015, and concluded a lease agreement with Defendant B from January 1, 2016 to December 31, 2017 (hereinafter “instant lease agreement”).
B. On the other hand, on December 26, 2017, the Plaintiff leased KRW 10,000,000 to Defendant B at an annual interest rate of 27.9%, maturity of 26.26, and December 26, 2020. On the same day, the Plaintiff received the claim for the refund of the lease deposit against Defendant B’s Defendant B’s Defendant Corporation, and notified it to the Defendant Corporation at that time.
[Ground of recognition] Facts without dispute, entry of Gap 1 to 6 evidence, purport of the whole pleadings
2. Determination:
A. According to the above facts, since the instant lease agreement expired on December 31, 2017, Defendant B is obligated to deliver the instant real estate to the Defendant Corporation, and the Defendant Corporation is also obligated to pay KRW 10,500,000, which is a part of the lease deposit, as the Plaintiff seeks, at the same time, to deliver the instant real estate from Defendant B to the Plaintiff.
B. Regarding this, the Defendant Corporation asserts that all obligations, such as the rent, management fee, remuneration, penalty, etc., of Defendant B arising under the instant lease agreement should be deducted from the lease deposit. Therefore, the lessor secured not only the rent but also the lease deposit, but also all the claims of the lessee arising from the lease agreement such as the damage claim, etc. that occurred until the delivery of the building. The claim for the refund of the lease deposit is a condition for the cancellation of the lessor’s claim, and the notification of the transfer is valid only for the balance remaining after the lessor deducted all the claims of the lessor arising from the lease relationship
(c).