beta
Text
1. Defendant A shall deliver to the Korea Land and Housing Corporation the real estate listed in the attached list.
2. Defendant.
Reasons
1. The facts in the separate sheet of reasons for the recognition of the facts are recognized if there is no dispute between the parties or if the whole purport of the pleadings is added to the entries in Gap evidence 1 to 6.
2. Determination
A. According to the facts of the determination as to the cause of the claim, the lease agreement concluded as of November 20, 2013 between B (the mother of Defendant A died on June 11, 2015, and the rights and obligations arising from the instant lease agreement succeeded by Defendant A) and the Korea Land and Housing Corporation on the real estate listed in the attached Table (hereinafter “instant apartment”) was terminated on November 30, 2015.
Therefore, Defendant A, a lessee, has the duty to deliver the above real estate to the Defendant Korea Land and Housing Corporation, and the Defendant Korea Land and Housing Corporation, simultaneously with the delivery of the apartment of this case from Defendant A, is obligated to pay the Plaintiff, a final transferee of the above lease deposit, the amount of KRW 11,636,00, which was acquired by the Plaintiff from 12,194,00 to the date of delivery of the apartment of this case, after deducting all the claims against Defendant A by the date of delivery of the apartment of this case.
B. On December 31, 2015, the summary of the claim of the Defendant Korea Land and Housing Corporation was determined as follows: (a) a lease agreement was concluded between the Defendants as to the instant apartment as to KRW 12,791,00, monthly rent of KRW 108,120, and the term of lease from December 1, 2015 to November 30, 2017; and (b) the said lease agreement was not terminated, and thus, there was no obligation to return the lease deposit; (c) the Plaintiff exercised the right to return the lease deposit under the lease agreement as of November 20, 2013, when the contractual relationship was terminated; and (d) the Plaintiff’s claim of the Defendant Korea Land and Housing Corporation was asserted as renewal of the contract or extension of the contract term.