beta
Text
1. Defendant C 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 September 9, 2015, Defendant C and the Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) entered into a lease agreement with Defendant C on the main contents that the Defendant Corporation would lease the real estate listed in the separate sheet (hereinafter “instant apartment”) at KRW 17,300,000, monthly rent of KRW 188,000 (hereinafter “instant lease agreement”). Defendant C occupied the instant apartment around June 24, 2016.
B. On August 15, 2016, the Defendants changed the lease deposit amount to KRW 39,300,000, monthly rent to KRW 78,000, respectively, and entered into a revised contract with the contents that set the expiration date of the lease term as August 31, 2018.
C. Around August 2016, the Plaintiff loaned KRW 30 million to Defendant C at a rate of 4.5% per annum on August 31, 2018 when the loan term expires (hereinafter “instant loan”). Around August 22, 2016, the Plaintiff was transferred the right to refund KRW 39,300,000 under the instant lease agreement held by Defendant C against the Defendant Corporation (hereinafter “the right to refund the instant lease deposit”).
On August 23, 2016, the Plaintiff was delegated with the authority to notify the assignment of claims by Defendant C, and notified the Defendant Corporation of the assignment of claims, and the said notification reached Defendant Corporation around that time.
E. When Defendant C transferred the right to return the lease deposit of this case to the Plaintiff as above, Defendant C prepared a letter of performance to the effect that, even during the lease term, the Plaintiff would terminate the lease contract of this case and immediately deliver the apartment of this case to the Plaintiff or the Plaintiff’s designated person, so that the Plaintiff would be able to receive a direct refund of the lease deposit of this case even during the lease term.
F. Defendant C from May 12, 2018 to the Plaintiff.