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(영문) 서울중앙지방법원 2017.04.26 2016가단134691
양수금
Text

1. Defendant A shall deliver to the Korea Land and Housing Corporation the real estate listed in the separate sheet.

2. Defendant.

Reasons

1. Basic facts

A. On January 8, 2010, Defendant A leased real estate listed in the separate sheet (hereinafter “instant real estate”) from the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) for a deposit of KRW 13,602,00, monthly rent of KRW 137,00, and the period from February 1, 2010 to January 31, 2012.

B. The Defendants renewed the above lease agreement and increased the lease deposit amount to KRW 14,938,00 and monthly rent to KRW 150,460, respectively, and the lease period was extended by January 31, 2016.

C. On January 12, 2011, Defendant A transferred the above lease deposit claim KRW 13,602,000 to ABF to secure its obligation to Nonparty DBF Co., Ltd. (hereinafter “ABF”), and on the same day, the ABF delegated by Defendant A notified the Defendant Corporation of the said transfer by content-certified mail.

On September 30, 2013, ABF transferred the claim against Defendant A for the refund of the instant lease deposit against Defendant A and the instant lease deposit against Defendant Corporation. On October 16, 2013, the Plaintiff delegated ABF, and on December 9, 2013, notified the Defendant Corporation of the assignment of the said claim by mail.

E. Defendant A has been residing until now without delivering the instant real estate despite the expiration of the lease term of this case.

[Reasons for Recognition] Each entry of Gap evidence 1 through 7 (including each number), the purport of the whole pleadings, and the conclusion of confessions (as to the defendant corporation)

2. Determination

A. According to the facts of the above recognition as to the claim against Defendant A, the instant lease agreement between Defendant A and the Defendant Corporation was terminated at the expiration of the term, and the Plaintiff may seek the delivery of the instant real estate to Defendant A, the lessee, by subrogation, in order to preserve the lessor’s claim for refund of the lease deposit.

As such, the defendant A is against the defendant Corporation.

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