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 June 24, 2014, 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 deposit 23,000,000 won, and the period from December 1, 2014 to December 31, 2016.
(hereinafter “instant lease agreement”). B.
On November 2014, the Plaintiff leased KRW 18,400,000 to Defendant A as of December 31, 2016, the interest rate and the expiration date of the lending period. On November 18, 2014, Defendant A transferred the Plaintiff’s right to refund the instant lease deposit to Defendant Corporation as security for the said lending obligation, and notified the Defendant Corporation of the transfer on November 20, 2014.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including each number in the case of additional number), the purport of the whole pleadings
2. Determination as to the claim against Defendant A
A. Since the instant lease agreement was terminated upon the expiration of the period of validity, the Defendant Corporation has the right to demand the delivery of the instant real estate against the Defendant, but does not exercise its right, the Defendant Corporation, upon the Plaintiff’s request subrogated to the Defendant Corporation to compensate for the claim for the refund of the lease deposit that it acquired from the Defendant, is obligated to deliver the instant real estate to the Defendant Corporation.
(b) Judgment based on the recommendation of confession (Article 208 (3) 2 of the Civil Procedure Act);
3. Determination as to the claim against the defendant Corporation
A. According to the above facts, barring any special circumstance, Defendant Corporation is obligated to pay the instant lease deposit to the Plaintiff, the transferee of the lease deposit, at the same time, with the delivery of the instant real estate from Defendant A.
B. Accordingly, the Defendant Corporation should deduct the unpaid rent, etc. of Defendant A from the instant lease deposit.