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(영문) 대구지방법원의성지원 2019.01.30 2018가단1126
양수금등
Text

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

2. Defendant.

Reasons

1. Facts of recognition;

A. On June 25, 2010, Defendant C entered into a lease agreement with the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) to lease the instant real estate from the Defendant Corporation (hereinafter “instant lease agreement”).

B. On November 10, 2011, the Plaintiff was transferred from Defendant C the right to return the lease deposit under the instant lease agreement, equivalent to KRW 12,312,00,000, which Defendant C had against the Defendant Corporation as security for the obligation to Defendant C.

C. On November 14, 2011, Defendant C notified Defendant C of the assignment of the said assignment of claims, and the said notification reached the Defendant Corporation on November 15, 201.

The term of the instant lease contract was terminated after the expiration of the term. The term of the lease contract was concluded several times between the Defendants, and the term of the lease contract was concluded on July 23, 2018, with the terms of the lease deposit of 14,835,00 won, monthly rent of 168,120 won, and the term of the lease as of November 30, 2020.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1-4, Eul's evidence 1, and the purport of whole pleading

2. Determination as to the cause of action

A. As seen earlier, the fact that the instant lease agreement as to the claim against Defendant C is terminated due to the expiration of the period of validity, and the Defendant Corporation has the right to claim the delivery of the instant real estate against Defendant C, but does not exercise its right. Therefore, Defendant C, the lessee, upon the Plaintiff’s request subrogated to the Defendant Corporation, is obligated to deliver the instant real estate to the Defendant Corporation.

B. According to the facts of recognition 1 as to the claim against Defendant Corporation, barring any special circumstance, Defendant Corporation is obligated to pay the instant lease deposit to the Plaintiff, the transferee of the lease deposit, as well as the delivery of the instant real estate from Defendant C.

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