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(영문) 수원지방법원성남지원 2019.10.22 2018가단241013
양수금
Text

1. Defendant B shall deliver to Defendant C the real estate listed in the separate sheet.

2. Defendant C is above Defendant B.

Reasons

1. Basic facts

A. On October 17, 2015, Defendant B leased the real estate listed in the separate sheet (hereinafter “instant real estate”) from Defendant C by setting the lease deposit amount of KRW 10,000,000, monthly rent of KRW 5 million, and the lease term from November 30, 2015 to November 30, 2017.

(hereinafter referred to as “instant lease agreement”). B.

On July 21, 2016, Defendant B transferred to the Plaintiff the claim amounting to KRW 5 million out of the claim for refund of deposit under the instant lease agreement. On August 22, 2018, the Plaintiff was delegated with the authority to notify the assignment of claim from Defendant B and notified the Defendant C of the said assignment of claim, and the notification was delivered to Defendant C on August 24, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 (including branch numbers; hereinafter the same shall apply) through 5, the purport of the whole pleadings

2. Determination

A. According to the facts of the above recognition of the claim against Defendant B, the instant lease agreement terminated at the expiration of the term, and the Plaintiff, as the assignee of the right to return the lease deposit against Defendant C, may exercise the right to claim the delivery of the instant real estate against Defendant C in subrogation of the Defendant C. Thus, in the instant case sought by the Plaintiff by subrogation of the Defendant C, the Defendant B is obligated to deliver the instant real estate to Defendant C.

As to this, Defendant B asserted to the effect that the Plaintiff’s claim should be dismissed on the ground that the Defendant filed an application for individual rehabilitation procedures. However, there is no evidence to acknowledge that there was a decision to commence individual rehabilitation procedures (U.S. District Court 2019 Congress 35798) that the Defendant filed an application, and further, Defendant B’s claim for refund of the above lease deposit, which is the right to claim the transfer of the Plaintiff’s security, can be exercised without resorting to individual rehabilitation procedures (see Articles 586 and 412 of the Debtor Rehabilitation and Bankruptcy Act).

(b).

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