(영문) 서울서부지방법원 2015.12.18 2015가단229252

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(영문) 서울서부지방법원 2015.12.18 2015가단229252

양수금 등 청구의 소

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1. Defendant A shall deliver to the Korea Land and Housing Corporation the real estate listed in the separate sheet.

2. Defendant.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) Defendant A’s Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) on October 13, 2010

(2) The apartment of this case shall be the apartment of this case as stated in the separate list owned by the Defendant Corporation.

(2) On January 6, 2011, Defendant A leased KRW 29,296,00, monthly rent of KRW 220,000, and the term of lease from February 1, 2011 to January 31, 2013. (2) Defendant A received a security loan of KRW 22,00,000 from the Plaintiff on January 6, 201, and notified the Plaintiff of the fact of transferring the said loan to the Defendant Corporation on January 8, 201.

3) On January 5, 2011, Defendant A drafted and delivered to the Plaintiff a letter of commitment that “if you fail to pay the principal and interest of the loan by the due date (or the date of loss of the due date), you would immediately be able to directly refund the lease deposit from the lessor within the due date, you would be able to promptly order the obligee or the obligee to order the building. 4) Defendant A to renew the lease contract on the instant apartment between the Defendant and the Corporation on February 1, 2013, the lease deposit was extended to KRW 30,702,00, and monthly rent was extended to KRW 230,560, respectively, and the lease term was extended from February 1, 2013 to January 31, 2015.

5) On February 1, 2013, Defendant A transferred to the Plaintiff the claim for refund of KRW 1,406,000 for the increase in lease deposit against the Defendant Corporation, and notified the Defendant Corporation of the assignment of the said claim on February 6, 2013. 6) Defendant A delayed the payment of the interest during the loan to the Plaintiff and lost the benefit of time on January 31, 2015.

【Ground for Recognition: Each entry in Gap evidence 1 to 5 (including each number of documentary evidence) and the purport of the whole oral argument】

B. According to the above facts of recognition, the lease contract concluded between the Defendants was terminated on January 31, 2015, and Defendant.

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