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1. The defendant shall express his intention to transfer to the plaintiff the claims listed in the attached list, and shall be within the jurisdiction of the Republic of Korea.
Reasons
1. Basic facts
A. On May 201, the Defendant purchased a long-term rental apartment C708 Dong 2003 (hereinafter “instant apartment”) from the Korea Land and Housing Corporation (hereinafter “the instant apartment”) from the Korea Land and Housing Corporation, and transferred the right of lease to another person by failing to reside therein due to workplace or money issues. A lessee of a lease contract made on or around June 29, 201, entered into the name of the Defendant, but the lease deposit amounting to KRW 71 million was paid by the transferee.
B. D around 2013, paid KRW 45 million to E to whom the right of lease of the instant apartment was transferred, and acquired the said right of lease by transfer.
C. As to the instant apartment, a lease extension contract was concluded on June 9, 2014, and KRW 3,408,000 was increased due to the fact that the lease extension contract was concluded on November 15, 2016, and the amount of KRW 3,646,000 was increased again on November 15, 2016. Each increased rental deposit was paid D.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 5, 8, and 12, witness D's written testimony, the purport of the whole pleadings
2. Judgment on the main claim
A. On May 12, 2014, the Plaintiff asserted that: (a) the Plaintiff entered into a lease agreement on behalf of the Defendant on a deposit basis; (b) the lease agreement was concluded between D and the instant apartment on a deposit basis; and (c) from June 15, 2014 to June 15, 2016; and (d) the lease deposit was fully paid KRW 80 million; and (c) the instant lease agreement was terminated on June 15, 2016, the Defendant is obligated to refund KRW 80 million to the Plaintiff.
First, as to whether D obtained the right to enter into the instant lease agreement from the Defendant, it is not sufficient to recognize only the health unit, Gap evidence Nos. 1, 4, 6, Gap evidence Nos. 10-1 through 3, and witness evidence Nos. 10-3, and witness evidence No. 10, and there is no other evidence to acknowledge it.
Rather, the instant lease agreement.