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(영문) 대구지방법원의성지원 2016.02.17 2015가단10495
양수금
Text

1.(a)

Defendant A shall deliver to the Korea Land and Housing Corporation the real estate listed in the attached list.

(b) the defendant.

Reasons

1. Basic facts

A. The Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) concluded a lease agreement with Defendant A on September 1, 2009 with regard to real estate listed in the separate sheet (hereinafter “instant real estate”). Defendant A paid KRW 9,300,000 to Defendant Corporation (hereinafter “instant lease deposit”) and the Defendants newly concluded a contract for the extension of the lease deposit amount to KRW 9,746,000 from October 1, 2012 to September 30, 2014.

(hereinafter “instant lease agreement”). B.

On August 22, 2011, Defendant A transferred to the Plaintiff the instant claim for the refund of the lease deposit against Defendant A, and notified the Defendant Corporation of the assignment of the said claim by content-certified mail on November 15, 201, and reached the Defendant Corporation on November 16, 201.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings

2. According to the above facts, inasmuch as the instant lease agreement terminated upon the expiration of the term, Defendant A is obligated to deliver the instant real estate to the Defendant Corporation upon the Plaintiff’s request by subrogation of the Defendant Corporation. At the same time, Defendant A is obligated to pay to the Plaintiff the Plaintiff the claim for the refund of the instant lease deposit from KRW 9,300,000, deducting all obligations, such as rent, management fee, etc., that Defendant A owes to the Defendant Corporation under the instant lease agreement.

3. In conclusion, each claim against the Defendants against the Plaintiff is accepted on the grounds of its reasoning. It is so decided as per Disposition.

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