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(영문) 인천지방법원부천지원 2019.10.31 2019가단26269
양수금
Text

1. Defendant C shall deliver to Defendant D the real estate indicated in the attachment.

2. Defendant D is from Defendant C.

Reasons

1. Determination as to the claim against Defendant D

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment on deeming confessions: Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act;

2. The facts in the separate sheet of claim as to the determination of the claim against Defendant C do not conflict between the parties, or can be acknowledged by comprehensively taking into account the overall purport of the pleadings as indicated in the evidence No. 1-1-6. According to this, the lease agreement concluded on September 30, 2016 on the real estate indicated in the separate sheet (hereinafter “instant apartment”) was terminated on September 29, 2018 by the expiration of the period.

Defendant C asserts that it wishes to maintain loan transactions with the Plaintiff and reside in the apartment of this case since it renewed the lease contract with Defendant D. However, even if the Defendants agreed to extend the lease term of the instant apartment on April 20, 2019 to September 29, 2020, it cannot be asserted against the Plaintiff who acquired the right to return the lease deposit prior to the renewal contract (see, e.g., Supreme Court Decision 88Meu4253, Apr. 25, 1989). The above assertion is without merit.

Therefore, Defendant C is obligated to deliver the instant apartment to Defendant D upon the Plaintiff’s request subrogated by Defendant D in order to preserve the right to return the lease deposit.

3. The plaintiff's respective claims against the defendants are reasonable, and all of them are accepted. It is so decided as per Disposition.

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