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(영문) 대구지방법원 의성지원 2018.08.14 2018가단437
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. Facts of recognition;

A. On July 29, 2013, Defendant A entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant A to lease the instant real estate by setting the lease deposit amount of KRW 14,672,00, monthly rent of KRW 115,280, and the term of lease from August 1, 2013 to July 31, 2015 (hereinafter “instant lease agreement”).

B. On October 31, 2014, the Plaintiff extended a loan to Defendant A and received a lease deposit claim from Defendant A under the instant lease agreement with Defendant A against Defendant Corporation.

C. On November 6, 2014, Defendant A notified Defendant A of the assignment of the said assignment of claims to Defendant Corporation, and the said notification reached Defendant Corporation on November 7, 2014.

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap Nos. 1-5, the purport of the whole pleadings

2. According to the above facts finding as to the claim against the defendant A, since the lease contract of this case was terminated upon the expiration of the period, the defendant Corporation has the right to claim the delivery of the real estate of this case against the defendant, but does not exercise its right, so the defendant A, the lessee, upon the plaintiff's request subrogated to the defendant Corporation to preserve the lease deposit claim against the defendant, has the duty to deliver the real estate of this case to

3. Determination as to the claim against the defendant Corporation

A. According to the above facts, the Defendant Corporation is obligated to pay the instant lease deposit to the Plaintiff, the transferee of the lease deposit, as well as the delivery of the instant real estate from Defendant A, barring any special circumstance.

B. Accordingly, the defendant Corporation asserts that all claims related to the lease of this case owned by the defendant Corporation against the defendant A should be deducted from the lease deposit of this case.

The lessor is the lessor until the lessee returns the leased object.

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