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Reasons
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(영문) 인천지방법원부천지원 2017.06.20 2017가단1143
양수금 등
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1. Defendant C shall deliver to Defendant B the real estate indicated in the attached Form.

2. Defendant B shall be recorded in the annexed sheet from Defendant C.

Reasons

1. Facts of recognition;

A. On November 7, 2014, Defendant B entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant C, setting the lease deposit amount of KRW 80 million and the term of lease from November 21, 2014 to November 20, 2016 with regard to the real estate indicated in the attached Form (hereinafter “instant real estate”) and delivered the instant real estate to Defendant C.

B. Defendant C paid KRW 80 million to Defendant B according to the instant lease agreement.

C. On March 4, 2015, Defendant C transferred to the Plaintiff the claim to refund the deposit amounting to KRW 80 million against Defendant B (hereinafter “instant claim”), and notified Defendant B of the assignment of the claim on the same day.

On June 7, 2016, Defendant B demanded Defendant C to deliver the instant real estate when the term of the instant lease agreement expires, and expressed his/her intent to refuse to renew the lease agreement.

E. On December 2, 2016, the Plaintiff filed a lawsuit against Defendant B, as Suwon District Court Decision 2016Ga28428, and the said court rendered a ruling to recommend reconciliation that “Defendant B shall pay the Plaintiff the remainder after deducting all the claims owed to Defendant C under the lease agreement with Defendant C, including the lease deposit amount of KRW 80 million, the unpaid rent of KRW 80 million, and the claim for damages,” which became final and conclusive on January 4, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 5 and 7, purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the lease contract of this case was terminated due to the expiration of its validity. Thus, barring any special circumstance, Defendant C transferred the real estate of this case to Defendant B upon the Plaintiff’s request by subrogation of the Defendant B, and Defendant B received the above transfer from Defendant C.

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