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1. Defendant A shall deliver to the Korea Land and Housing Corporation the real estate listed in the separate sheet.
2. Defendant.
Reasons
1. Facts of recognition;
A. The Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) (hereinafter “Defendant Corporation”) leased real estate listed in the separate sheet (hereinafter “instant real estate”) to Defendant A in 2006 and renewed the lease on a two-year basis.
The Defendant Corporation leased the lease deposit for the instant real estate to Defendant A as KRW 20,260,000. The lease deposit was increased to KRW 21,232,00 on May 14, 2013, and the lease term was set from May 1, 2013 to April 30, 2015.
B. On May 2, 201, Defendant A borrowed 16.2 million won from MS Mutual Savings Banks on April 30, 201 (the extension to April 30, 2015) on April 30, 2013 (the extension to April 30, 2015), the interest rate of 12% per annum, and damages for delay at 22% to 24%.
Defendant A transferred 20,0260,000 won to the above Savings Bank on April 29, 2011 in the course of borrowing the same as above. Upon delegation from Defendant A on May 3, 2011, the above Savings Bank notified the Defendant Corporation of the above transfer by mail verifying the content of the transfer, and the Defendant Corporation received the above notice at around that time.
C. On February 27, 2015, the Plaintiff transferred the right to refund the lease deposit amount of KRW 20260,000 from the said savings bank, and notified the Defendant Corporation of the said transfer by mail with the delegation from the said savings bank on the same day, and the Defendant Corporation received the said notice at that time.
[Ground for Recognition] Defendant A: Evidence No. 1 to 6 of the confession (Article 150 of the Civil Procedure Act) and the purport of the entire pleadings
2. Determination
A. According to the above findings of the determination on the cause of the claim, the instant lease agreement was terminated on April 30, 2015, and thus, barring any special circumstance, Defendant A is obligated to deliver the instant real estate to the Defendant Corporation, a lessor, upon the Plaintiff’s request subrogated by the Defendant Corporation, barring any special circumstance, and the Defendant Corporation is obligated to deliver the instant real estate from Defendant A.