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1. Defendant A shall deliver to the Korea Land and Housing Corporation the real estate listed in the attached Form.
2. Defendant.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the respective descriptions and the whole purport of the arguments in Gap evidence Nos. 1, 3, 5, 6, and Gap evidence Nos. 2 and 4:
On June 21, 201, Defendant A and the Korea Land and Housing Corporation paid KRW 14,00,000,000 to Defendant Korea Land and Housing Corporation (hereinafter “the instant lease contract”), which was determined as the deposit amount of KRW 14,00,000, and the end of the month following the end of the period of designation of occupancy from the date of the occupancy to the end of the second month (hereinafter “the instant lease contract”), and Defendant Korea Land and Housing Corporation around that time, as the above lease deposit.
B. Upon receiving a loan of KRW 11,200,000 from the Plaintiff, on June 27, 2011, Defendant A transferred to the Plaintiff all the claim for refund of lease deposit amount of KRW 14,000,000, which he/she owns against the Korea Land and Housing Corporation according to the instant lease agreement, and notified the Defendant Korea Land and Housing Corporation of the said transfer by content-certified mail, and the said notification reached the Defendant Korea Land and Housing Corporation around that time.
C. On July 19, 2013, Defendant A prepared and submitted to the Plaintiff a “written explanation of the execution of the instant lease agreement,” stating that “In the event that the principal and interest of the loan is not repaid, or that two or more vehicles are overdue, even during the term of lease, the instant lease agreement is terminated and the Plaintiff or the Plaintiff’s designated person is ordered to order the instant real estate.”
The Defendants, on July 31, 2013, concluded and renewed the instant lease agreement with a deposit of KRW 14,672,00, monthly 83,840, and the period from August 1, 2013 to July 31, 2015.
Article 10 (11) of the General Terms and Conditions of the above lease contract among the Defendants stipulates that the lessee may terminate the above lease contract even before one month is notified by the lessee.
E. Defendant A, based on the instant lease agreement on September 17, 2013, has against the Defendant Korea Land and Housing Corporation.