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(영문) 수원지방법원 2017.05.10 2016가단537427
양수금등
Text

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

2. Defendant.

Reasons

1. Evidence No. 1, A2-1, A2, A3, A4, A5, and the purport of the whole pleadings

A. On November 18, 201, Defendant A entered into a lease agreement with the Defendant Korea Land and Housing Corporation to lease the instant rental housing (hereinafter “instant lease agreement”) with the Defendant Korea Land and Housing Corporation by setting the lease deposit deposit amounting to KRW 96 million, monthly rent amounting to KRW 700,000,000, and the term of lease up to February 29, 2016 (hereinafter “instant lease agreement”).

B. On December 10, 2013, Defendant A transferred all of the claim to return the leased deposit to the Plaintiff, and notified the assignment of the claim to the Defendant Korea Land and Housing Corporation, and the said notification of the assignment of claim reached the Defendant Korea Land and Housing Corporation on December 12, 2013.

C. The Defendant Korea Land and Housing Corporation filed a lawsuit to deliver a building against Defendant A due to the expiration of the lease term.

The defendant Korea Land and Housing Corporation has deducted penalty of 936,00 won from the above lease deposit, illegal compensation of 13,514,510 won, litigation cost of 913,080 won, and deposit of 2 million won from the above lease deposit.

Meanwhile, until March 27, 2017, Defendant A had 176,480 won, deducting the total unpaid management expenses from KRW 402,00 from the total management expenses of KRW 225,520.

2. The allegations by the parties and the judgment of this court

A. According to the above facts, since the term of the instant lease agreement has expired on February 28, 2016, Defendant A is obligated to deliver the instant rental housing to the Defendant Korea Land and Housing Corporation upon the Plaintiff’s subrogation claim, which is the obligee to return the lease deposit of the Defendant Korea Land and Housing Corporation. The Defendant Korea Land and Housing Corporation is obligated to pay the Plaintiff the lease deposit amount of KRW 78,812,890 (=96,000,00-936,00-936,00-13,514,510 + 176,480-913,00-2,000).

B. Determination of the assertion by the Korea Land and Housing Corporation

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