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(영문) 서울중앙지방법원 2020.05.29 2019가단5130763
양수금
Text

1. Defendant C shall deliver to the Korea Land and Housing Corporation the real estate listed in the attached list.

2. The plaintiff's defendant.

Reasons

1. Facts of recognition;

A. On December 1, 2014, Defendant C leased the instant real estate from Defendant Corporation to KRW 34,202,00,000, and resided around that time.

B. Defendant C obtained a loan of KRW 27,00,000 from the Plaintiff on November 30, 2016, and transferred to the Plaintiff the claim for the refund of the lease deposit for the instant real estate for the guarantee of the loan, and notified the Plaintiff of the transfer of the deposit to Defendant C on November 24, 2016, and the said notification reached the Defendant Corporation on November 29, 2016.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 7, 10 evidence (including paper numbers), the purport of the whole pleadings

2. The Plaintiff’s assertion that Defendant C did not repay the above loan from June 2018. The real estate lease agreement of this case was terminated at the expiration of the term. The Plaintiff sought to deliver the instant real estate to Defendant C by subrogation of the right to request the delivery of real estate from the Defendant Corporation as the assignee of the right to return the lease deposit. Meanwhile, the Defendant Corporation is obliged to pay the Plaintiff the remainder of money calculated by deducting all the claims, such as rent from the lease deposit amount of KRW 34,202,00 to the date of the completion of delivery of the instant real estate from the lease deposit of KRW 34,202,00 to the Plaintiff.

3. Determination

(a) Against Defendant C: Confession;

B. (1) As seen earlier, Defendant C transferred to the Plaintiff the claim for the return of the lease deposit against the instant real estate, and the termination of the instant real estate lease agreement, as seen earlier, the Defendant Corporation is obligated to return the remainder of the money obtained by deducting all the claims, such as monthly rent, from the lease deposit, from the lease deposit, to the Plaintiff, as well as the delivery of the instant real estate from Defendant C.

(2) Accordingly, the defendant corporation asserts that the transfer of the above lease deposit claims is null and void.

(b) The transferor;

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