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1. Defendant A shall deliver to the Korea Land and Housing Corporation the real estate listed in the attached list.
2. Defendant.
Reasons
1. Facts of recognition;
A. On May 28, 2010, Defendant A entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) by setting the lease deposit of KRW 13,000,000 (hereinafter “instant lease deposit”), monthly rent of KRW 106,00, and the lease period of KRW 106,00 (hereinafter “instant lease agreement”) from November 25, 2010 to December 31, 2012.
Defendant A paid the instant lease deposit to Defendant Corporation around that time, and occupied and used the instant real estate.
B. On October 29, 2010, Defendant A transferred to the Plaintiff the right to refund the instant lease deposit to Defendant Corporation for the payment of the loan owed to the Plaintiff. On November 1, 2010, Defendant A notified the transfer of the right to the instant lease deposit to Defendant Corporation. The said notification reached Defendant Corporation around that time.
C. On November 5, 2014, Defendant A entered into a renewal contract which increases the lease deposit amount to KRW 13,624,00,000 per month, and KRW 111,080 per month of rent, with respect to the instant real estate with Defendant Corporation, and entered into a renewal contract which increases the lease deposit to KRW 14,291,00 on March 2, 2015, and KRW 116,520 per month of rent.
[Reasons for Recognition] Unsatisfy, entry of Gap 1 through 5, the purport of the whole pleadings
2. After a lessor of a claim against Defendant A has been notified of the transfer of the lease deposit claim, even if the lessor and the lessee have made an explicit or implied agreement with regard to the renewal of the lease contract or extension of the contract term, the effect of such agreement shall not affect the transferee of the deposit refund claim.
(See Supreme Court Decision 88Meu4253 Decided April 25, 1989). According to the above facts established, the instant lease agreement terminated on December 31, 2012, and the obligation of Defendant A to deliver the instant real estate and the obligation to return the lease deposit to Defendant Corporation are concurrently performed.
The plaintiff is the defendant A.