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(영문) 서울서부지방법원 2019.06.28 2019가단210157
임대차보증금
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. Basic facts

A. On November 18, 2016, Defendant C entered into a lease agreement (the instant lease agreement) with the Defendant Korea Land and Housing Corporation to lease the real estate listed in the separate sheet from KRW 12,445,00, monthly rent of KRW 118,750, monthly rent of KRW 118,750, and the lease contract period from December 1, 2016 to November 30, 2018.

In addition, the above bonds are paid to the defendant Korea Land and Housing Corporation, and the real estate of this case is transferred.

B. On December 28, 2017, the Plaintiff lent KRW 8,000,00 (the instant loan) to Defendant C. However, in order to secure the performance of the said loan obligation, Defendant C transferred to the Plaintiff the instant lease agreement’s claim to return the deposit, and notified the Korea Land and Housing Corporation of the transfer of the claim.

C. In addition, on December 28, 2017, Defendant C terminated the instant lease agreement so that the Plaintiff may be able to directly refund the leased deposit from the lessor even during the lease agreement period, and, if necessary, prepared a clear statement of performance stating that there is no objection even if the Plaintiff notifies the lessor of the termination of the lease agreement on his/her behalf, the Plaintiff lost its interest on the instant loan by delaying the payment of the interest on the loan.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. According to the facts of the above recognition, the instant lease agreement was terminated on November 30, 2018, and thus, the Defendant Korea Land and Housing Corporation asserted that the instant lease agreement has not been renewed and terminated, but the lessee and the lessor agreed explicitly or impliedly on the renewal or extension of the contract period after the lessee transferred the claim to return the lease deposit to a third party.

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