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1. Defendant C 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 September 14, 2015, Defendant C entered into a lease agreement with the Defendant Korea Land and Housing Corporation on the real estate listed in the separate sheet (hereinafter “instant real estate”). On September 1, 2017, Defendant C concluded a lease agreement with the Defendant, setting the lease term from September 1, 2017 to August 31, 2019, 25,35,000, and monthly rent of KRW 172,640 (hereinafter “instant lease agreement”).
B. On October 7, 2015, Defendant C obtained a loan from the Plaintiff at KRW 31,40,000,000, and at the interest rate of August 31, 2017, and at the interest rate of 15% per annum.
C. On August 7, 2017, Defendant C entered into a contract with Defendant C’s Korea Land and Housing Corporation for the transfer of the lease deposit claim (25,355,000 won) against the Defendant Korea Land and Housing Corporation in order to pay the Plaintiff a loan obligation owed to the Plaintiff. On the same day, Defendant C notified the Defendant Korea Land and Housing Corporation of the assignment of the said claim, and the said notification reached the Defendant Korea Land and Housing Corporation on August 8, 2017.
Since July 2018, Defendant C failed to repay the principal and interest of the above loan obligation from July 2018 to the date of the closing of argument, and the instant real estate is occupied.
[Ground of recognition] Unsatisfy, entry of Gap evidence 3 through 7 (including paper numbers), the purport of the whole pleadings
2. Determination
A. According to the facts of the above recognition of the claim against Defendant C, the instant lease agreement terminated on August 31, 2019, and the Plaintiff may seek the delivery of the instant real estate to Defendant C, the lessee, by subrogation of the lessor, in order to preserve the claim for the return of the lease deposit transferred from Defendant C. As such, the Defendant C is obligated to deliver the instant real estate to the Korea Land and Housing Corporation.
B. According to the above recognition of the claim against the Korea Land and Housing Corporation, the defendant Korea Land and Housing Corporation in this case.