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(영문) 서울중앙지방법원 2018.07.06 2017가단5234708
양수금
Text

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

2. Defendant.

Reasons

1. Facts of recognition;

A. On April 20, 2015, Defendant A entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant Seoul Housing and Urban Corporation (hereinafter “Defendant Corporation”) on the lease deposit amount of KRW 26,010,000, monthly rent of KRW 213,600, and the lease term of KRW 215, April 20, 2015 to April 30, 2017.

B. A around August 1, 2016, Defendant A transferred to the Plaintiff the claim for the refund of the lease deposit against Defendant A with the Defendant Corporation. Upon delegation from Defendant A, the Plaintiff notified the Defendant Corporation of the assignment of the said claim on or around August 1, 2016, and the notification of the said assignment of claim reached the Defendant Corporation on August 2, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8 (including additional numbers), Eul evidence No. 1, the purport of the whole pleadings

2. According to the facts of the above recognition, since the lease contract of this case was terminated on April 30, 2017, Defendant A, a lessee, is obligated to deliver the real estate of this case to the Defendant Corporation, a lessor, and the Defendant Corporation, simultaneously with the delivery of the real estate of this case from Defendant A from Defendant A, at the same time, to the Plaintiff, the transferee of the above lease deposit claim, and at the same time to the Plaintiff, the transferee of the above lease deposit claim, from KRW 26,010,000 to the date of the completion of the delivery of the real estate, to pay the remaining money after deducting

3. Thus, the plaintiff's claim against the defendants is justified, and all of them are accepted.

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