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1. Defendant A shall order the Korea Land and Housing Corporation to order the real estate listed in the separate sheet.
2. Defendant.
Reasons
1. Basic facts
A. On November 9, 201, Defendant A entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant Korea Land and Housing Corporation, setting the lease deposit amount of KRW 9,546,00 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) and the lease term of KRW 57,710 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).
B. On November 21, 201, Defendant A transferred the lease deposit claim (9,546,000 won) under the instant lease agreement to the Plaintiff, and notified the Defendant Korea Land and Housing Corporation of the assignment of the said claim on the same day, and received a loan from the Plaintiff on November 23, 201.
C. On December 30, 2013, Defendant A and the Korea Land and Housing Corporation renewed the instant lease agreement from January 1, 2014 to December 31, 2015.
(The amount of lease deposit increased to KRW 10,004,00, KRW 60,480 per month, and KRW 60,480 per month). [Grounds for recognition] The entries in Gap 1 through 6 and the purport of the whole pleadings
2. Determination
A. According to the above facts, the instant lease agreement was terminated on December 31, 2013 (the Defendant cannot set up against the Plaintiff, the assignee of the claim due to the renewal of the lease agreement) and upon the Plaintiff’s request by the subrogation of the Defendant Korea Land and Housing Corporation, the Defendant A is obligated to order the Defendant Korea Land and Housing Corporation to order the instant real estate.
B. In addition, the Defendant Korea Land and Housing Corporation is obliged to pay the Plaintiff, who acquired the claim for the return of the lease deposit at the same time with Defendant A’s order, the remainder after deducting all debts incurred under the instant lease agreement, such as rent and management fee, etc. in arrears, from KRW 9,546,00,000 until the completion date of the designation of the instant real estate.
(3. Conclusion of the plaintiff's claim against the defendant A and partially accept the claim against the defendant Korea Land and Housing Corporation.