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(영문) 의정부지방법원 2015.05.19 2014가단43618
양수금
Text

1.(a)

Defendant B 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 an agreement with Defendant B to renew the existing lease agreement with regard to the instant real estate as of November 4, 2005, which was concluded from November 10, 201 with the effect that the lease agreement was renewed, which was concluded from November 10, 2010 (hereinafter “instant lease deposit”), KRW 19,167,000, monthly rent, KRW 246,740, and the lease term was from June 1, 2010 to May 31, 2012.

B. On December 31, 2008, Defendant B transferred the claim for the refund of the lease deposit of this case under the pretext of the security of the loan borrowed against the Plaintiff, and notified the Defendant Corporation of this on January 2, 2009.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. The judgment on the claim against the defendant B terminated a lease agreement between the defendant corporation and the defendant corporation, and the plaintiff who is the transferee of the right to return the lease deposit cannot set up against the plaintiff who is the transferee of the right to return the lease deposit due to the renewal of the lease agreement. Therefore, the plaintiff is obligated to deliver the real estate to the defendant corporation, and the plaintiff is entitled to

B. In a case where a judgment on the claim against Defendant Corporation is terminated, the lessee’s obligation to deliver the leased object and the lessor’s obligation to return all the remainder arising until the delivery of the leased object, such as the overdue rent, etc. out of the lease deposit, reaches the due date and these obligations reach the simultaneous performance relationship. As such, the Defendant Corporation is obliged to pay the remainder of money calculated by deducting the claim, such as rent, management fee, and public charges, arising from the lease agreement entered into with Defendant B from KRW 19,167,00 to the Plaintiff on the basis of the lease agreement entered into with Defendant B.

3. If so, the plaintiff's claim against the defendant B is justified.

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