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1. Defendant A shall deliver to the Korea Land and Housing Corporation the real estate listed in the attached real estate list.
2. Defendant.
Reasons
1. Basic facts
A. On November 30, 2007, Defendant A and the Korea Land and Housing Corporation leased real estate listed in the attached real estate list (hereinafter “instant real estate”) from the Defendant Korea Land and Housing Corporation at KRW 13,485,000 as lease deposit.
B. When Defendant A bears the Plaintiff’s loan obligation, on February 26, 2009, Defendant A transferred the above lease deposit amount of KRW 13,485,00 to the Defendant Korea Land and Housing Corporation and notified the Defendant Korea Land and Housing Corporation of the transfer of the claim on the same day.
C. On February 27, 2009, Defendant A agreed to immediately order the lessor to order the building even within the lease term if the lessor could not repay the principal and interest of the loan by the due date or the due date when the loan was received from the Plaintiff.
Defendant A lost the benefit of time by delaying the repayment of interest on October 1, 2014.
[Based on recognition] For Defendant A: Article 208(3)2 of the Civil Procedure Act and Article 150(3) of the Civil Procedure Act (Voluntary Confession): The fact that there is no dispute against the Defendant Korea Land and Housing Corporation, each entry in the evidence Nos. 1 through 7, and the purport of the whole pleadings.
2. Determination
A. According to the above facts, as a creditor of the Korea Land and Housing Corporation, the plaintiff claims delivery of the building to the defendant A based on the creditor's subrogation right, and the defendant Korea Land and Housing Corporation has the right to claim payment of the above acquisition amount at the same time as the defendant A takes over the real estate in this case.
B. As to this, the Defendant Korea Land and Housing Corporation asserted that the amount of debts of KRW 14,682,00 from the deposit for lease against Defendant A should be deducted from all the expenses, such as rent, management fee, etc. incurred up to the time of the withdrawal of Defendant A. However, there is no specific assertion or proof as to all the expenses, such as rent and management fee,
3. Thus, the plaintiff's claim is justified and acceptable. It is so decided as per Disposition.