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1. Defendant C 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 March 24, 2017, Defendant C entered into a lease agreement with the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) to lease the instant real estate from the Defendant Corporation (hereinafter “instant lease agreement”).
B. On April 18, 2018, the Plaintiff transferred KRW 23 million out of the claims for return of lease deposit under the instant lease agreement, which Defendant C had against the Defendant Corporation, as security for Defendant C’s obligation.
C. On April 27, 2018, Defendant C notified Defendant C of the assignment of the said assignment of claims, and the said notification reached the Defendant Corporation on April 30, 2018.
The instant lease agreement was terminated on March 31, 2019, and the Defendant C repaid the Plaintiff KRW 5 million.
【Ground of recognition】 The fact that there is no dispute, Gap's evidence Nos. 1-4, the purport of the whole pleadings
2. Determination as to the cause of action
A. As seen earlier, the fact that the instant lease agreement as to the claim against Defendant C is terminated due to the expiration of the period of validity, and the Defendant Corporation has the right to claim the delivery of the instant real estate against Defendant C, but does not exercise its right. Therefore, Defendant C, the lessee, upon the Plaintiff’s request subrogated to the Defendant Corporation, is obligated to deliver the instant real estate to the Defendant Corporation.
B. According to the above facts, barring any special circumstance, Defendant Corporation is obligated to pay the amount transferred out of the lease deposit of this case to the Plaintiff (the transferee of the lease deposit of this case) at the same time as the transfer of the instant real estate from Defendant C, barring any special circumstance. 2) Accordingly, Defendant Corporation asserts that the unpaid rent, etc. of Defendant C should be deducted from the lease deposit of this case.