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Reasons
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(영문) 대전지방법원 논산지원 2017.03.16 2016가단2621
건물인도 등
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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 May 3, 2013, Defendant A leased the real estate listed in the separate sheet (hereinafter “instant building”) from the Defendant Korea Land and Housing Corporation by setting the lease deposit amount of KRW 7.7 million, monthly rent of KRW 76,00, and the lease term from March 28, 2014 to May 31, 2016.

(hereinafter “instant lease agreement”). B.

On June 9, 2015, the Plaintiff lent KRW 6 million to Defendant A, and the interest on the loan as of February 15, 2017 near the date of the closing of argument in the instant case exceeds the above lease deposit.

C. On June 9, 2015, the Plaintiff transferred the claim for the return of the above lease deposit from Defendant A, and notified the transfer of the claim to Defendant Korea Land and Housing Corporation upon delegation of the assignment of the claim from Defendant A.

[Ground of recognition] Defendant A: Judgment by public notice (Article 208(3)3 of the Civil Procedure Act): Defendant Korea Land and Housing Corporation: The fact that there is no dispute, entry of evidence A1 through 7, and the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the instant lease contract was terminated after the lapse of May 31, 2016.

(A) The Plaintiff and the Plaintiff are obligated to pay KRW 7,700,000 to the Plaintiff who acquired the claim for the return of the lease deposit at the same time, and the Defendant and the Korea Land & Housing Corporation are obligated to deliver the said building to the Defendant Korea Land and Housing Corporation upon the Plaintiff’s request by the Defendant and the Korea Land and Housing Corporation, on May 31, 2016, upon receipt of the notification of the transfer of the claim for the return of the lease deposit. However, even if the lessor and the lessee have agreed on the renewal of the lease deposit, the effect of the agreement shall not extend to the assignee of the claim for the return of the lease deposit.

3. Defendant Korea Land and Housing Corporation’s assertion

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