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(영문) 대전지방법원홍성지원 2015.06.10 2015가단3136
양수금
Text

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

2. Defendant.

Reasons

1. On December 15, 2009, Defendant B entered into a lease agreement with the Defendant Korea Land and Housing Corporation on KRW 12,000,000 as to the real estate listed in the separate sheet (hereinafter “instant real estate”) (hereinafter “instant lease agreement”) and paid KRW 12,00,000 to the Defendant Korea Land and Housing Corporation around that time.

After that, the Defendants renewed the instant lease agreement, and the term of lease was extended by March 31, 2014.

On March 15, 2010, Defendant B transferred to C the claim for return of the lease deposit under the instant lease agreement, and notified Defendant Korea Land and Housing Corporation of the assignment of the said claim on the same day.

C On March 18, 2014, on the part of the Plaintiff, transferred the claim for return of the lease deposit under the instant lease agreement to the Plaintiff, and notified the Defendant Korea Land and Housing Corporation of the assignment of the said claim on March 25, 2014.

[Ground of recognition] Facts without dispute, Gap 1-1, 1-2, 2, purport of the whole pleadings

2. According to the facts of the determination as to the cause of the Plaintiff’s claim, the instant lease agreement was terminated on March 31, 2014, and thus, the Defendant B is obligated to deliver the instant real estate to the Defendant Korea Land and Housing Corporation at the Plaintiff’s request by subrogation of the Defendant Korea Land and Housing Corporation. The Defendant Korea Land and Housing Corporation is obligated to pay from the Defendant B the amount of KRW 12,000,000 to the Plaintiff who acquired the claim for return of the lease deposit at the same time as the instant real estate was delivered from the Defendant B, less all obligations arising from the instant lease agreement, such as rent in arrears, management fee, etc., to the Plaintiff

Meanwhile, according to the purport of the entire pleadings, the Defendants’ renewal of the instant lease agreement on March 27, 2014 is deemed to have extended the lease term by March 31, 2016. However, the lessor was notified of the transfer of the lease deposit claim after the lessor was notified of the transfer of the lease deposit claim.

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