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1. Defendant B 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 October 27, 2017, Defendant B entered into a lease agreement with the Korea Land and Housing Corporation and the instant real estate by setting the lease deposit amount to KRW 9,344,00, KRW 83,540, KRW 83,540, and KRW 31, 2019, respectively.
B. On November 30, 2017, the Plaintiff was a creditor who lent KRW 8,00,000 to Defendant B, and acquired the claim for refund of the lease deposit amount equivalent to KRW 9,344,000 from Defendant B to Defendant Korea Land and Housing Corporation.
In addition, on December 1, 2017, the Plaintiff received delegation of the notification of transfer from Defendant B, and notified the transfer of transfer to Defendant Korea Land and Housing Corporation by content-certified mail, and the notification reached the Defendant Korea Land and Housing Corporation on December 4, 2017.
C. As seen above, Defendant B promised that, if the Plaintiff could not repay the principal and interest of the loan by the due date (or due date) while transferring the loan to the Plaintiff, the Plaintiff would terminate the lease agreement entered into with the Defendant Korea Land and Housing Corporation, which was the lessor, and immediately order the Plaintiff or the Plaintiff’s designated person to order the instant real estate.
From January 25, 2018, Defendant B began to pay the principal and interest of the loan in arrears.
E. Meanwhile, on the other hand, Defendant B’s loan financial company established a pledge right and notified the pledge right to Defendant B on December 5, 2017, with regard to the claim for refund of lease deposit equivalent to KRW 9,344,000 against the Korea Land and Housing Corporation of Defendant B, and the said notification reached the Defendant Korea Land and Housing Corporation on December 6, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 1 and 2, the purport of the whole pleadings
2. Determination:
A. According to the facts of recognition as to the cause of the claim, Defendant B is obligated to deliver the instant real estate to the Defendant Korea Land and Housing Corporation, and Defendant B.