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(영문) 의정부지방법원 고양지원 2018.10.17 2018가단5815
건물인도 등
Text

1. Defendant A and B shall deliver to the Korea Land and Housing Corporation the real estate listed in the separate sheet.

2. Defendant.

Reasons

1. Determination as to the claim against Defendant A and B

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

(b) Judgment on deemed confession (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);

2. The facts as stated in the separate sheet regarding the judgment on the Defendant Korea Land and Housing Corporation do not conflict between the parties, or can be acknowledged by adding the whole purport of the pleadings to each of the entries in the evidence Nos. 1 through 3. Thus, barring any special circumstance, the Defendant Korea Land and Housing Corporation is obligated to pay the lease deposit to the Plaintiff, the transferee of the lease deposit.

In this regard, the defendant Korea Land and Housing Corporation has a defense that the amount of the lease deposit should be deducted from the lease deposit.

Since the lease deposit is secured by the lessor’s all the claims of the lessee with respect to the lease until the lessee returns the leased object, the Defendant Korea Land and Housing Corporation is obligated to pay the Plaintiff the remainder after deducting all the claims, such as rent, management fee, etc., owned by the Defendant A and B from the amount of KRW 46,00,000 to the Plaintiff simultaneously with the delivery of the said real estate from the Defendant A and B to the date of delivery of the said real estate.

3. According to the conclusion, the plaintiff's claims against the defendant A and B are accepted, and the claims against the defendant Korea Land and Housing Corporation are accepted within the above recognition scope and the remainder is dismissed.

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