(영문) 전주지방법원남원지원 2020.03.04 2019가단884

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(영문) 전주지방법원남원지원 2020.03.04 2019가단884

건물명도 등

Text

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

2. Defendant.

Reasons

1. Facts of recognition;

A. On September 25, 2013, E entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”), and with the Defendant Corporation to lease real estate listed in the attached list (hereinafter “instant apartment”) by setting lease deposit KRW 17,965,00, monthly rent KRW 141,550, and the lease term from October 1, 2013 to September 30, 2015 (hereinafter “instant lease agreement”).

The instant lease agreement was renewed continuously, and lastly, on September 25, 2017, a renewed contract was concluded to increase the lease deposit to KRW 19,787,000.

B. Upon entering into the instant lease agreement, E paid KRW 17,965,00 to Defendant Corporation, and received the instant apartment from Defendant Corporation.

C. On October 14, 2014, E transferred to the Plaintiff the right to refund the lease deposit under the instant lease agreement with the Defendant Corporation (hereinafter “right to refund the lease deposit of this case”) for the payment of the loan obligation owed to the Plaintiff. On October 15, 2014, E notified the transfer of the right to the Defendant Corporation on October 15, 2014, and the said notification reached the Defendant Corporation at that time.

On the other hand, E died on February 17, 2017, and Defendant C is the only heir of E.

[Based on recognition] Defendant C: entry of evidence Nos. 1 to 3, the purport of the whole pleadings: Defendant Corporation: The absence of dispute, entry of evidence Nos. 1 to 3, and the purport of the whole pleadings

2. According to the fact of the above recognition as to the claim against Defendant C, the lease under the instant lease agreement was terminated on September 30, 2015 as the expiration of the period.

(B) After the lessor has been notified of the transfer of the right to return the lease deposit, the effect of the agreement shall not be affected by the transferee of the right to return the lease deposit, even if the lessor and the lessee have made an explicit or implied agreement with regard to the renewal of the lease contract or extension of the contract period. Defendant C as the inheritor of the Plaintiff E, shall deliver the instant apartment to

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