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(영문) 대구지방법원 의성지원 2018.04.04 2018가단62
양수금등
Text

1. Defendant A shall deliver to the Korea Land and Housing Corporation the real estate listed in the separate sheet.

2. Defendant.

Reasons

1. Facts of recognition;

A. On April 1, 2010, Defendant A entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) to lease the instant real estate by setting the lease deposit amount of KRW 16,000,000, monthly rent of KRW 129,000, and the lease term from May 1, 2010 to April 30, 2012 (hereinafter “instant lease agreement”).

B. On August 30, 2010, the Plaintiff loaned the security deposit to Defendant A and received the lease deposit claim from Defendant A under the instant lease agreement that Defendant A had against the Defendant Corporation.

C. On August 30, 2010, Defendant A notified Defendant A of the assignment of the said assignment of claims to Defendant Corporation, and the said notification reached Defendant Corporation around that time.

【Reasons for Recognition】 Each description of evidence Nos. 1-5 and the purport of the whole pleadings

2. Determination as to the claim against Defendant A

A. Since the instant lease agreement was terminated upon the expiration of the period of validity, the Defendant Corporation has the right to demand the delivery of the instant real estate against the Defendant, but does not exercise its right. Accordingly, the Defendant A, the lessee, at the Plaintiff’s request subrogated to the Defendant Corporation, to preserve the claim for the lease deposit, he/she is obligated to deliver the instant real estate to the Defendant Corporation.

(b) Judgment based on the recommendation of confession (Article 208 (3) 2 of the Civil Procedure Act);

3. Determination as to the claim against the defendant Corporation

A. According to the above facts, barring any special circumstance, Defendant Corporation is obligated to pay the instant lease deposit to the Plaintiff, the transferee of the lease deposit, at the same time, with the delivery of the instant real estate from Defendant A.

B. Accordingly, Defendant Corporation asserts that the unpaid rent, etc. of Defendant A should be deducted from the instant lease deposit.

The lessee shall have the right to live, lease deposit.

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