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1. Defendant B shall deliver to the Korea Land and Housing Corporation the buildings listed in the separate sheet.
2. Defendant.
Reasons
1. Following the facts of recognition are without dispute between the Plaintiff and the Defendant, or can be recognized by comprehensively taking account of the overall purport of the pleadings in the descriptions of Gap evidence Nos. 1 through 11, and Eul evidence Nos. 1 and 4. The plaintiff and defendant Korea Land and Housing Corporation shall be deemed to have led to confession by the defendant Korea Land and Housing Corporation.
Defendant B, from November 13, 2009 to December 31, 201, leased and resided in the building indicated in the separate sheet (hereinafter “instant building”) from the Defendant Korea Land and Housing Corporation. Defendant B, around December 29, 201, entered into a renewal contract with the Defendant Korea Land and Housing Corporation for the lease deposit amounting to KRW 14,735,00, monthly rent, KRW 180,470, and the term of lease from January 1, 2012 to December 31, 2013 (hereinafter “instant lease contract”).
B. Around December 3, 2013, Defendant B borrowed KRW 3,00,000 from the Plaintiff at interest rate of 18% per annum, and one year after maturity, and as security, transferred to the Plaintiff the right to return the said lease deposit to the Korea Land and Housing Corporation around December 4, 2013, and the notification of transfer reached the Defendant Korea Land and Housing Corporation around December 5, 2013.
(B) On March 19, 2014, June 25, 2014, the right to return the lease deposit was additionally borrowed on the same condition as KRW 3,00,000 as security.
Meanwhile, at the time of the assignment of claims, the Plaintiff and Defendant B agreed to the effect that the payment of interest on each of the above loans should be delayed for not less than three days, and Defendant B delayed the payment of interest on each of the above loans from November 2014.
2. Determination
A. According to the above findings of the determination as to the ground for the claim against Defendant B, the instant lease agreement was terminated upon the expiration of the period, and barring any other special circumstances, Defendant B is the transferee of the above lease deposit against the Korea Land and Housing Corporation.