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1. Defendant A shall deliver to Defendant B apartment B apartment 905, 706, in leisure time, to Defendant B’s house.
2. Defendant.
Reasons
1. Facts of recognition;
A. On February 6, 2012, Defendant A entered into a lease agreement with Defendant Non-permanent Housing Co., Ltd. (hereinafter “Defendant Company”) to lease the real estate stated in the order (hereinafter “instant real estate”) with the lease deposit amount of KRW 3,386,00,00 and the term of lease from January 21, 2012 to January 20, 2013 (hereinafter “instant lease agreement”). At that time, Defendant A paid the said lease deposit to the Defendant Company.
B. On February 6, 2012, the Plaintiff loaned KRW 13 million to Defendant A, and on February 6, 2012, Defendant A transferred to the Plaintiff the above claim for the refund of the deposit that he/she owns to the Defendant Company based on the instant lease agreement and notified the Defendant Company of the said transfer.
C. Defendant A lost the benefit of March 27, 2016 due to delinquency in paying the principal and interest of the loan.
[Ground of Recognition] Defendant A: Judgment by public notice (Article 208(3)3 of the Civil Procedure Act) (Article 208(3)3 of the Civil Procedure Act): Defendant Company: The non-contentious facts, evidence A1 through 5, and the purport of
2. Determination
A. According to the facts of the above recognition as to the claim against the defendant A, the lease contract of this case was terminated at the expiration of the period, and since the defendant A's interest based on the principal and interest of interest of the loan has been lost, the defendant A is obligated to deliver the real estate of this case to the defendant company as the plaintiff seeks by subrogation of the defendant company.
(B) Since the Defendant Company’s obligation to pay the acquisition money to the Plaintiff and the obligation to deliver the instant real estate to Defendant Company A to the Defendant Company simultaneously perform the obligation, the Plaintiff’s subrogation is recognized to preserve his claim for the acquisition money.
According to the above facts of recognition as to the claim against the defendant company, the defendant company received the real estate of this case from the defendant A at the same time.