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(영문) 대전지방법원천안지원 2019.08.22 2019가단101119
양수금
Text

1. Defendant C shall deliver to Defendant D the real estate listed in the separate sheet.

2. The Defendant D is subject to paragraph 1.

Reasons

1. Facts of recognition;

A. On December 9, 2016, Defendant C leased the real estate listed in the separate sheet (hereinafter “instant real estate”) from Defendant D with the term of lease from January 3, 2017 to January 3, 2019, the lease deposit amount of KRW 20,000,000, and the rent of KRW 250,000 per month.

(hereinafter “instant lease agreement”). B.

Defendant C paid KRW 20,00,000 as lease deposit and received the instant real estate from Defendant D according to the instant lease agreement around January 3, 2017.

C. Around June 4, 2018, Defendant C borrowed KRW 3,000,000 from Plaintiff and Plaintiff E, respectively, and transferred the claim for refund of KRW 6,000,000, out of the lease deposit it owns to Defendant D based on the instant lease agreement, and the Plaintiff consented to the payment of the said transfer amount en bloc.

Around September 13, 2018, Defendant C delegated the Plaintiff with the authority to send a notice of the assignment of claims on his/her behalf, and the Plaintiff notified Defendant D of the transfer of claims of KRW 6,000,000 out of the deposit amount of the instant lease agreement by mail and sent such notice to Defendant D on September 17, 2018.

[Ground of recognition] Unsatisfy, each entry in Gap evidence 1-4 (including a provisional number), and the purport of the whole pleadings

2. Determination

A. According to the above facts, the instant lease agreement was terminated on January 3, 2019, and the Plaintiff, the assignee of the right to return the lease deposit, can seek an order of real estate against Defendant C, the lessee, by exercising the subrogation right for the preservation of the lease deposit, by subrogation of Defendant D, the lessor, and barring any special circumstance, Defendant C, the lessee, has the duty to deliver the instant real estate to Defendant D, the lessor, and Defendant D, the assignee of the right to return the lease deposit, simultaneously with the delivery of the instant real estate from Defendant C.

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