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(영문) 대구지방법원의성지원 2015.06.24 2014가단3063
양수금 등
Text

1.(a)

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

(b) the defendant.

Reasons

1. Facts of recognition;

A. On July 31, 201, the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) concluded a lease agreement (hereinafter “instant lease agreement”) with Defendant A by setting the lease deposit amount of KRW 19,040,00, monthly rent of KRW 140,970, and the lease term of KRW 140,970, and from August 1, 201 to July 31, 2013, with regard to the real estate listed in the attached list (hereinafter “instant real estate”).

B. On May 27, 2013, Defendant A transferred the right to refund the lease deposit under the instant lease agreement to the Plaintiff, and notified the Defendant Corporation of the assignment of the claim on the same day.

【Defendant A’s ground for recognition: The fact that there is no dispute over the Defendant Corporation: Gap’s evidence No. 2, Gap’s evidence No. 4-1, 2, Gap’s evidence No. 5 and 7, and the purport of the whole pleadings

2. Determination

A. According to the facts of the judgment on the cause of the claim, the instant lease agreement terminated at the expiration of the period, barring special circumstances, Defendant A is obligated to deliver the instant real estate to the Defendant Corporation upon the Plaintiff’s request subrogated by the Defendant Corporation, and the Defendant Corporation is also obligated to pay KRW 19,040,000 to the Plaintiff who acquired the claim to return the lease deposit at the same time as the transfer of the instant real estate from Defendant A.

B. 1) As to the assertion of the Defendant Corporation, the Defendant Corporation asserted that, with respect to the Plaintiff’s seeking payment of the claim for the return of the lease deposit acquired from Defendant A, the Defendant Corporation may only pay the remainder of the amount calculated by deducting all expenses, such as delinquent rent, illegal occupancy compensation, management fee, etc., borne by Defendant A to the Defendant Corporation until the completion date of delivery of the instant real estate from the lease deposit. 2) The deposit received from the lease of real estate in the judgment of real estate is a lessee’s liability for damages arising from the loss of, damage to, etc.

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