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(영문) 서울중앙지방법원 2016.10.18 2016가단60950
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. The facts in the separate sheet of reasons for the recognition of the facts are recognized if there is no dispute between the parties or if the whole purport of the pleadings is added to the entries in Gap evidence 1 to 6.

2. Determination

A. According to the above facts of determination as to the cause of the claim, a lease agreement entered into between the Defendants as of November 30, 2012 on the real estate stated in the separate sheet was terminated on December 31, 2015.

As such, Defendant A, a lessee, has the duty to deliver the above real estate to the Defendant Korea Land and Housing Corporation, and the Defendant Korea Land and Housing Corporation, simultaneously with the delivery of the above real estate from Defendant A, has the duty to pay the Plaintiff, a final transferee of the above lease deposit, the amount of KRW 22,80,000 from the above lease deposit to the date of the completion of the delivery of the above real estate, the remainder after deducting all the claims arising from the above lease agreement relationship

B. On December 22, 2015, the summary of the claim of the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Korea Land and Housing Corporation”) is as follows: (a) a lease agreement was concluded between the Defendants as to the above real estate and KRW 23,917,00; (b) monthly rent of KRW 175,180; and (c) from January 1, 2016 to December 31, 2017; (d) the said lease agreement was not terminated; and (e) there was no obligation to return the lease deposit; and (e) even if the lease deposit was returned, only the remainder after deducting all the claims of Defendant Korea Land and Housing Corporation arising from the said lease agreement relationship is obligated to return the lease deposit. (b) The Plaintiff exercises a claim for the return of the lease deposit under the lease agreement as of November 30, 2012, which was the first contractual relationship terminated; and (e) even if the claim of the Defendant Korea Land and Housing Corporation is asserted for renewal of the contract or extension of the contract period.

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