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(영문) 대전지방법원 홍성지원 2018.04.18 2018가단381
건물인도 등
Text

1. Defendant A shall deliver to the Plaintiff the real estate listed in the separate sheet.

2. The defendant Korea Land and Housing Corporation shall be the defendant.

Reasons

1. Basic facts

A. On July 31, 2013, Defendant A leased the instant building by setting the lease deposit amount of KRW 9,956,000, KRW 78,600 per month of rent, and KRW 2 years of lease term (hereinafter “instant lease agreement”) from the Defendant Korea Land and Housing Corporation (hereinafter “instant building”). At that time, Defendant A was handed over the instant building from the Korea Land and Housing Corporation.

B. On August 23, 2013, Defendant A borrowed 7.9 million won per annum from the Plaintiff, 5.1% per annum, 8% per annum per overdue interest rate per 30 days in arrear, 10% per annum per annum per 30-90 days in arrear, and 12% per annum per annum per annum per 90 days in arrear.

C. On August 26, 2013, Defendant A transferred to the Plaintiff the claim for refund of the lease deposit amounting to KRW 9,956,000 under the instant lease agreement, and notified the Defendant Korea Land and Housing Corporation of the assignment of the claim on the same day.

[Reasons for Recognition] against Defendant A: The entries in the evidence of subparagraphs 1 through 6 and the purport of the whole pleadings against the Defendant Korea Land and Housing Corporation:

2. Determination:

A. According to the fact that the instant lease agreement between the Defendants was terminated due to the expiration of the lease term, barring any special circumstance, the Defendant Korea Land and Housing Corporation is obligated to return the remainder of lease deposit, which remains after deducting the obligation due to the lease relationship, such as rent in arrears and management fee, from KRW 9,956,00,00, from the Plaintiff who acquired the claim to return the lease deposit under the instant lease agreement. 2) The Defendant Korea Land and Housing Corporation’s assertion as to the Defendant Korea Land and Housing Corporation’s assertion that the instant lease agreement was renewed, and thus, the due date for the repayment of the lease deposit has not yet arrived.

However, the lessee and the lessor enter into the contract after the lessee transferred the claim for the refund of the lease deposit to a third party.

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