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Reasons
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(영문) 서울중앙지방법원 2017.05.02 2016가단5286023
건물명도
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1. Defendant A shall deliver the buildings listed in the attached list to the Seoul Housing Corporation.

2. Defendant.

Reasons

1. Facts of recognition;

A. On October 28, 2002, Defendant A leased the instant apartment from the Defendant Seoul Housing and Urban Corporation (hereinafter “SP”) every two years, and the lease contract was renewed every two years. Around 2010, the lease deposit amount was KRW 10,230,00, monthly rent was KRW 144,900, and the period was until December 31, 2012.

B. On October 31, 2012, Defendant A transferred to the Plaintiff the claim of KRW 10,230,000 of the above lease deposit to the Plaintiff and notified the transfer of the claim to the Defendant Seoul Housing Corporation.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 to 5 evidence, purport of the whole pleadings

2. The lease agreement between the Defendants claiming against Defendant A was terminated on December 31, 2012.

The plaintiff claims on the basis of the lease deposit claim that the defendant acquired from the defendant A in subrogation of the defendant Seoul Housing Corporation, which is the debtor, and the defendant A must deliver the apartment of this case to the defendant Housing Corporation.

3. The Plaintiff asserted that the Defendant Seoul Housing Corporation should pay KRW 10,230,000 for rental deposit as well as for the delivery of the instant apartment from Defendant A. However, the Defendant Seoul Housing Corporation should pay only the remainder after deducting rent and management fee.

The duty of the lessor to return the lease deposit is limited to the remainder after deducting all the obligations of the lessee, such as overdue rent, etc. accrued until the property is returned from the deposit when the lease relationship terminates.

As of April 4, 2017, the fact that Defendant A’s rent, management fee, public charge, KRW 612,573 that was not paid to Defendant A to Defendant Seoul Housing Corporation and monthly management fee and public charge that were paid KRW 100,000 were not disputed between the parties, and that rent is KRW 144,90 per month when the lease contract is terminated.

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