beta
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. The following facts are acknowledged as either of the parties to a dispute or as a whole by taking account of the overall purport of the arguments in each entry in Gap evidence 1 to 7:
A. On August 20, 2009, Defendant A entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) stipulating that real estate recorded in the order (hereinafter “instant apartment”) shall be leased KRW 52,00,000, monthly rent of KRW 390,000, and the lease term of KRW 390,000, from April 27, 201 to May 31, 2013.
B. On April 5, 2011, Defendant A obtained a household general loan of KRW 42.2 million from the Plaintiff (interest 5.2% per annum, maturity date, April 30, 2013; hereinafter “instant loan”). On March 31, 2011, Defendant A transferred the Plaintiff’s right to refund the lease deposit under the instant lease agreement and expressed his/her intention to transfer the claim to the Defendant Corporation, and Defendant A received the declaration of intention to transfer the said claim on April 8, 201.
C. Meanwhile, the repayment period of the instant loan obligation was finally postponed until May 31, 2017, but Defendant A lost benefit due to this natural body on November 23, 2015, and the instant lease agreement was renewed on May 13, 2013 (from June 1, 2013 to May 31, 2015) again on June 1, 2015 (lease deposit amounting to KRW 57,16,000, KRW 428,00, monthly renting KRW 408,720, and the lease period was renewed on May 13, 2013 (from June 1, 2013 to May 31, 2015).
2. After the claimant and the lessor received the notification of the transfer of the lease deposit claim, the effect of the agreement can not be affected by the transferee of the deposit even if the lessor and the lessee have expressly or implicitly agreed on the renewal of the lease contract or extension of the contract term, and the Supreme Court Decision 88Meu4253 delivered on April 25, 1989.