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(영문) 인천지방법원부천지원 2016.06.09 2015가단116348
양수금
Text

1. Defendant A delivers the real estate indicated in the attached Form to the Korea Land and Housing Corporation, and Defendant A.

Reasons

1. Facts of recognition;

A. On February 5, 2009, Defendant A entered into a lease agreement with the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) with respect to the real estate listed in the separate sheet (hereinafter “instant apartment”) with regard to the deposit deposit of KRW 25,612,00, monthly rent of KRW 182,00, and the lease term of KRW 182,00, from January 30, 2010 to February 28, 2012 (hereinafter “instant lease agreement”), and leased the instant apartment.

B. On February 2, 2010, the National Agricultural Cooperative Federation extended a loan of KRW 17,900,000 to Defendant A at 4.5% per annum, due date (which is extended after February 2, 2014), February 2, 2012, and interest for arrears at 8.5% per annum.

C. On January 22, 2010, Defendant A transferred to the National Agricultural Cooperative Federation a claim for refund of rental deposit to Defendant A under the instant lease agreement, and notified the Defendant Corporation of this on January 25, 2010.

Defendant A and Defendant Corporation renewed the instant lease agreement on February 23, 2012, changed the lease deposit to KRW 26,841,00, monthly rent of KRW 190,730, and the lease period of KRW 24 months until February 28, 2014 (24 months).

E. On July 27, 2015, the Plaintiff requested the Defendant Corporation to prohibit the renewal of the instant lease agreement and refund of the rental deposit.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1, 2, 6, and 7, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, the instant lease agreement terminated on February 28, 2016 on the expiration of the lease term, and since the claim for the refund of the lease deposit amounting to KRW 25,612,00 was transferred to the Plaintiff, Defendant A is obligated to deliver the instant building to the Defendant Corporation, a lessor, barring special circumstances. Defendant A is also obligated to pay KRW 25,612,000, out of the lease deposit, to the Plaintiff, the transferee, as well as to the delivery of the instant building from the Defendant A.

B. As to this, the Defendant Corporation shall be the lessee.

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