(영문) 대구지방법원 2015.02.05 2014가합2871

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(영문) 대구지방법원 2015.02.05 2014가합2871

건물인도 및 보증금반환

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1. The defendant shall deliver real estate stated in the attached list from C to the plaintiff at the same time, and at the same time, KRW 20,000,000.

Reasons

1. Basic facts

A. On May 18, 2012, Nonparty D entered into a lease agreement (hereinafter “instant lease agreement”) stipulating the lease deposit amount of KRW 220,000,000 as well as the lease period from May 20, 2012 to May 19, 2014 (hereinafter “instant apartment”).

D, with the consent of flexible friendship, sublet the apartment of this case to his wife C and let him reside in the apartment of this case.

C On June 4, 2012, the instant apartment is subject to a move-in report and has been residing until now.

B. On November 5, 2012, Yusung entered into a sales contract with the Defendant on which the total purchase price of the instant apartment is KRW 325,00,000,000, the intermediate payment of KRW 5,000,000, the intermediate payment of KRW 10,000, the remainder of KRW 90,000,000, and the succession to the instant lease contract, and completed the registration of ownership transfer on December 21, 2012.

C. On May 10, 2013, D transferred to the Plaintiff a claim for the refund of deposit amounting to KRW 220,000,000 regarding the instant apartment (hereinafter “claim for the refund of deposit”). On May 13, 2013, D notified the Defendant, the debtor, with the fixed date and notified the transfer thereof to the Defendant on May 15, 2013.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including branch numbers), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff asserts that "D shall substitute the service price to be received from the construction of the apartment of this case for KRW 220,000,000,000, and then transferred the claim to return the instant apartment deposit to the plaintiff and notified the defendant, and the defendant is obliged to pay the deposit and its delay damages to the plaintiff as well as to receive the instant apartment from C."

B. The defendant's lease contract of this case entered into with D is until the apartment of this case is sold in lots.

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