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1. Defendant C shall order the Defendant Korea Land and Housing Corporation to order the real estate listed in the separate sheet.
2. Defendant.
Reasons
1. The facts as shown in the separate sheet (the cause of the claim) do not conflict between the Plaintiff and the Defendant Korea Land and Housing Corporation, or may be recognized by considering the overall purport of the pleadings as a whole in each entry as set forth in subparagraph 1-1 to 6.
2. As to this, Defendant Korea Land and Housing Corporation asserts that the term of lease was extended by May 31, 2020 by renewal of the lease agreement on September 6, 2018 between Defendant C.
As seen earlier, Defendant Korea Land and Housing Corporation received notification of the transfer of the right to return the lease deposit by Defendant C on January 13, 2017 during the term of lease, and thus, it cannot be set up against the assignee of the right to return the deposit due to the renewal or extension of the term of lease thereafter.
3. Thus, since the lease agreement between the Defendants terminated on May 31, 2018, the Plaintiff is entitled to claim the return of the leased object by subrogation of the Defendant Korea Land and Housing Corporation as the assignee of the lease deposit claim, and the Defendant Korea Land and Housing Corporation does not exist in this case where the Plaintiff seeks the return of the leased object from the Defendant C and at the same time there is no 3,000,000 won of the lease deposit, which is to be deducted from the Plaintiff’s claim amount among the lease deposit.
shall be liable to pay such amount.
However, the Plaintiff sought payment of damages for delay at the rate of 15% per annum from the next day of the return of leased property to the day of full payment. However, this is a lawsuit for future performance stipulated in Article 251 of the Civil Procedure Act, which does not apply to special cases concerning statutory interest rate pursuant to the proviso of Article 3(1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings. Therefore, the Plaintiff ordered payment of damages for delay at the rate of 5% per annum as stipulated in the Civil Act. It is so decided as per Disposition.