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1. Defendant A, B, and C 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. On November 2, 2011, the network E entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant Korea Land and Housing Corporation, setting forth a deposit of KRW 11,636,00 as to the real estate listed in the separate sheet (hereinafter “instant real estate”), monthly rent of KRW 98,350 as well as the lease term from December 1, 201 to November 30, 2013, and around that time, paid KRW 11,636,000 to the Defendant Korea Land and Housing Corporation.
B. The deceased E obtained a loan of KRW 7,600,000 from the Plaintiff, and delayed payment of its debt, on October 2, 2012, transferred the claim to return the lease deposit under the instant lease agreement to the Plaintiff, and notified the Defendant Korea Land and Housing Corporation of the transfer of the said claim on October 4, 2012.
C. The deceased on January 21, 2014, Defendant A, B, and C succeeded to the deceased.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings
2. According to the facts of the above recognition, the instant lease agreement was terminated on November 30, 2013, and thus, Defendant A, B, and C is obligated to deliver the instant real estate to the Korea Land and Housing Corporation at the Plaintiff’s request by subrogation of the Defendant Korea Land and Housing Corporation. The Defendant Korea Land and Housing Corporation is obligated to pay the Plaintiff the amount calculated by deducting all obligations arising from the instant lease agreement, such as the lease deposit amount of KRW 11,636,00 from the 11,636,00 to the date of delivery of the instant real estate, and the lease deposit of KRW 11,636,00 from the 11,636,00 to the date of delivery
Meanwhile, according to the evidence evidence No. 1, the Defendant Korea Land and Housing Corporation appears to have renewed the instant lease agreement with the network E on November 11, 2013, and thus re-Extended the lease term until November 3, 2015. However, after the lessor was notified of the transfer of the lease deposit claim, the lessor is deemed to have been the lessor.