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(영문) 서울동부지방법원 2021.01.12 2020가단106665
대여금
Text

Defendant C shall deliver to Defendant Korea Land & Housing Corporation the real estate listed in the attached Table.

Reasons

1. Determination as to the claim against Defendant C

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Applicable legal provisions: Article 208(3)2 of the Civil Procedure Act (a judgment deemed to be a confession);

2. Determination on the claim against Defendant Korea Land and Housing Corporation

A. According to the evidence Nos. 1 through 6, Nos. 1, 2, and 1, and 2 of the evidence Nos. 1 and 2, it is acknowledged that each of the reasons for the claim was stated in the separate sheet. Barring any special circumstance, according to the above recognition, the defendant Korea Land and Housing Corporation is obligated to return the lease deposit amount of KRW 10,400,000 to the plaintiff at the time of receiving the real estate listed in

B. As to this, Defendant Korea Land and Housing Corporation asserted that from the above lease deposit, Defendant C should deduct all the claims such as unpaid monthly rent, management fee, electricity fee, water fee, urban gas fee, etc. to be paid to Defendant Korea Land and Housing Corporation due to the termination of the lease contract. Thus, according to the above facts acknowledged, Defendant C is obligated to pay the above money to Defendant Korea Land and Housing Corporation according to the termination of the lease contract. Thus, the above assertion by Defendant Korea Land and Housing Corporation is with merit.

(c)

Therefore, Defendant Korea Land & Housing Corporation is obliged to pay the Plaintiff the remainder after deducting all the claims it has against Defendant C due to the termination of the lease agreement between the Defendants from KRW 10,400,000, at the same time with the delivery of the real estate listed in the separate sheet from Defendant C.

3. In conclusion, the plaintiff's claim against the defendant C is accepted on the grounds of its reasoning, and the plaintiff's claim against the defendant Korea Land & Housing Corporation is accepted within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

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