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The judgment of the first instance court is modified as follows. A.
Defendant B shall have the real estate indicated in the attached list to Defendant C.
Reasons
1. The reasoning of this court concerning this part of the facts of recognition is the same as that of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Determination as to the cause of action
A. Determination as to the claim for extradition against Defendant B 1) The Plaintiff asserts that the right to claim for the transfer of the lease deposit against Defendant C is acting in subrogation of Defendant C in order to preserve the right to claim for the return of the lease deposit against Defendant C, so it is examined as to whether the Plaintiff’s right to claim for the transfer of the lease deposit is recognized. According to the above facts, the Defendant C is obligated to pay the lease deposit to the Plaintiff who acquired the right to claim for the return of the lease deposit. Accordingly, the Plaintiff’s right to claim for the transfer of the apartment of this case has expired on April 3, 2018, as seen earlier. Accordingly, Defendant C may claim for the transfer of the apartment of this case against Defendant B. As long as the lease of this case is terminated, the Plaintiff, the transferee of the right to claim for the return of the lease deposit, may claim for the transfer of the apartment of this case, in subrogation of Defendant C, the lessor, the right to claim for the transfer of the lease deposit, on behalf of the Plaintiff (see, e.g., Supreme Court Decision 88Meu4253, Apr.).
B. Where a lease contract is terminated to determine on the claim for return of deposit for lease to Defendant C, the obligation which is the object of the lessee and the obligation of the lessor to return the deposit for lease is in the relationship of simultaneous performance.
According to the above facts, the Plaintiff received the claim for the return of the lease deposit of this case from Defendant B to secure the loan claim of this case, and as such, Defendant C received the claim for the return of the lease deposit of this case from Defendant B as well as the claim for the return of the lease deposit transferred to the Plaintiff.