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Reasons
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(영문) 대전지방법원홍성지원 2017.11.28 2017가단5938
건물인도 등
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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. Basic facts

A. On May 2, 2014, Defendant Corporation entered into a lease agreement with Defendant A with the terms that the lease deposit amount of KRW 8,775,00 for the instant apartment, KRW 126,730 for monthly rent, and KRW 126,730 for the term of lease until February 29, 2016 (hereinafter “instant lease agreement”).

B. On February 11, 2015, Defendant A took out a loan of KRW 5,00,000 from the Plaintiff, and transferred to the Plaintiff the claim for refund of KRW 8,775,000 to the Defendant Corporation as security. On the same day, Defendant A notified the Defendant Corporation of the assignment of the said claim and received the notification around that time.

C. Meanwhile, the instant lease agreement between Defendant A and Defendant Corporation was renewed on November 22, 2016 by the term of February 28, 2018, with the lease deposit of KRW 9,204,00, monthly rent of KRW 132,930, and the term of lease of KRW 132,930.

[Reasons for Recognition]

1. Defendant A: Confession;

2. Defendant Corporation: Fact that there is no dispute, entry of evidence A1 through 5, and purport of the whole pleadings.

2. After a lessor was notified of the transfer of the claim for return of the deposit, even if the lessor and the lessee have made an explicit or implied agreement with regard to the renewal of the lease contract or extension of the contract period, the effect of such agreement cannot be affected by the assignee of the claim for return of the deposit. In order for the obligee to exercise the obligor’s right to preserve his/her claim, the obligee’s insolvency is ordinarily required. However, in a case where the obligee who acquired the claim for return of the deposit for lease claims seeks the name of the lessee’s house name in order to claim the performance thereof, the obligee’s claim for return of the deposit for lease is not related to the preservation of the claim and

(see, e.g., Supreme Court Decision 88Meu4253, 4260, Apr. 25, 1989). Meanwhile, the deposit for lease in a building lease is not only the rent during the lease term but also the obligation to perform the name of the building.

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