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(영문) 수원지방법원 2016.07.14 2015가단131693
양수금
Text

1. The defendant shall deliver to the Korea Land and Housing Corporation real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Indication of claim;

A. On May 7, 2013, the Defendant entered into a lease agreement with the Korea Land and Housing Corporation to lease real estate listed in the separate sheet (hereinafter “instant real estate”) with the term of KRW 10,626,00, monthly rent KRW 90,360, and the term of lease from May 7, 2013 to July 31, 2015 (hereinafter “instant lease agreement”), and paid the rental deposit at that time, and received the said real estate delivery.

B. On June 14, 2013, the Defendant transferred to the Plaintiff the claim for refund of KRW 10,626,000 of the lease deposit for the instant real estate, notified the Korea Land and Housing Corporation of the transfer by content-certified mail, and the notification reached the Defendant Corporation around that day.

C. The term of the instant lease agreement terminated on July 31, 2015. After the lessor was notified of the transfer of the right to refund the lease deposit, the effect of the agreement cannot be affected by the transferee of the right to return the deposit, even if there was an explicit or implied agreement between the lessor and the lessee regarding the renewal of the lease agreement or extension of the contract term (see Supreme Court Decision 88Meu4253, Apr. 25, 1989). The Defendant is obligated to deliver the instant real estate to the Korea Land and Housing Corporation as the Plaintiff seeks by subrogation of the Korea Land and Housing Corporation.

(2) The Korea Land and Housing Corporation has the duty to pay the acquisition price to the plaintiff and the duty to deliver the real estate of this case to the defendant to the Korea Land and Housing Corporation simultaneously, so it is necessary for the plaintiff to subrogate the Korea Land and Housing Corporation to preserve his/her claim for the acquisition price on February 2, 200

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