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1. On July 1, 2018, upon arrival:
A. Defendant B shall have the real estate listed in the attached Table to the Korea Land and Housing Corporation.
Reasons
1. Basic facts
A. On October 14, 2015, Defendant B leased from Defendant Korea Land and Housing Corporation the real estate listed in the separate sheet (hereinafter “instant real estate”) from Defendant Korea Land and Housing Corporation as KRW 13,400,000, monthly rent of KRW 163,000, and from May 13, 2016 to June 30, 2018. The said lease deposit was paid to Defendant Korea Land and Housing Corporation and is residing in the instant real estate.
B. The Plaintiff, based on the executory exemplification of the Seoul Southern District Court Decision 2012Gaso60105, with respect to Defendant B, issued a seizure and collection order with respect to KRW 8,355,616, out of the claims to refund the real estate lease deposit of this case against Defendant Korea Land and Housing Corporation by Defendant B, on August 10, 2017, Incheon District Court Decision 2017TTTB 2017TT6827, and the said decision was served on the Defendant Korea Land and Housing Corporation on August 14, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Eul evidence 1, the purport of whole pleadings
2. According to the above fact-finding on the cause of the claim, upon the arrival of July 1, 2018, which is the day following the termination date of the above lease agreement, Defendant B is obligated to deliver the instant real estate to the Korea Housing Corporation, and the Defendant Korea Land and Housing Corporation is obligated to pay KRW 8,355,616 to the Plaintiff, except in extenuating circumstances, along with the delivery of the instant real estate from Defendant B.
(3) As of the closing date of pleadings, the Plaintiff sought the delivery of real estate and the payment of the lease deposit, as stated in the purport of the claim. However, as seen earlier, the termination date of the above lease agreement shall be June 30, 2018, and as such, the Defendants’ above obligations shall take place on July 1, 2018. Therefore, this part of the allegation is without merit.