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1. The defendant shall deliver to the Korea Land and Housing Corporation real estate stated in the attached Form.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Determination on the cause of the claim
A. (1) On July 23, 2012, the Defendant entered into a lease agreement with the Korea Land and Housing Corporation to lease real estate listed in the separate sheet (hereinafter “instant real estate”) with the lease deposit amount of KRW 25,919,00, and the period from August 1, 2012 to July 31, 2014 (hereinafter “instant lease agreement”).
(2) On April 8, 2014, the Defendant borrowed KRW 15 million from the Plaintiff at the interest rate of 18% per annum, the overdue interest rate of 36% per annum, the due date of repayment October 9, 2014, and notified the Korea Land and Housing Corporation of the fact that the Defendant transferred the lease deposit claim against the Korea Land and Housing Corporation under the instant lease agreement (hereinafter “the lease deposit refund claim”), and thereafter, notified the Korea Land and Housing Corporation of the fact that the lease deposit was transferred. At that time, the above notification was issued to the Korea Land and Housing Corporation.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, purport of whole pleadings
B. (1) In a case where a creditor intends to exercise a debtor’s right to preserve his/her own claim, it would normally require the debtor’s insolvency, but the creditor who received the claim to refund the lease deposit, seeks the name of the lessee’s house and name in order to claim the performance thereof, if the creditor who received the claim to return the lease deposit seeks the name of the lessee’s house and name in order to demand the performance thereof, it cannot be said that the debtor’s own
(2) In light of the above legal principles, barring any special circumstance, the Defendant is obligated to deliver the instant real estate to the Korea Land and Housing Corporation, a lessor, at the Plaintiff’s request subrogated to the Korea Land and Housing Corporation, a lessor, a lessor, as the transferee of the instant lease deposit, inasmuch as the instant lease contract has expired due to the expiration of the lease term.
2. The defendant's assertion.