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(영문) 부산지방법원 2020.06.09 2020가단298
양수금
Text

1. Defendant E connects the Plaintiff with each point of the specifications Nos. 1, 2, 3, 4, and 1 among the real estate listed in the attached list.

Reasons

1. Facts of recognition;

A. On August 25, 2016, Defendant E leased real estate (hereinafter “instant real estate”) indicated in the separate sheet from Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) for a deposit of KRW 60,000,000 (hereinafter “instant lease deposit”) and the term of the contract from September 9, 2016 to September 8, 2018.

(hereinafter “instant lease agreement”). (b)

On the other hand, on August 29, 2016, Defendant E transferred the right to return the instant lease deposit to the Plaintiff, and notified the Defendant Company of the said transfer at that time.

[Reasons for Recognition] Defendant Company: A without dispute, entry of Gap evidence 1, 2, Eul evidence 1, and the purport of the whole pleadings, defendant E: Confession of confession

2. Determination

A. According to the fact of the above recognition as to the claim against Defendant E, the lease contract of this case was terminated on September 8, 2018.

In addition, the plaintiff is entitled to demand the delivery of the real estate in subrogation of the defendant company, a lessor, for the preservation of the claim for the return of the lease deposit of this case. Thus, the defendant Eul is obligated to deliver the above real estate to the defendant company.

B. According to the facts of the determination of the claim against the Defendant Company, the instant lease contract was terminated on September 8, 2018, except in extenuating circumstances.

As such, Defendant Company is obliged to pay KRW 60,000,000 to the Plaintiff simultaneously with the delivery of the instant real estate from Defendant E.

As to this, the Defendant Company asserted to the effect that the contract of this case continues to exist until September 8, 2020, since the contract of this case was implicitly renewed after the expiration of the term stipulated in the contract, the Defendant Company cannot respond to the Plaintiff’s claim because the due date for the repayment of the deposit of this case does not arrive.

The lessor and the lessor are notified of the transfer of the lease deposit claim.

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