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(영문) 광주지방법원 2015.10.07 2015가단521134
양수금
Text

1. Defendant A shall deliver to the Korea Land and Housing Corporation the real estate listed in the attached Form.

2. Defendant.

Reasons

1.The following facts may be found either in dispute between the parties or in full view of the respective entries and arguments in Section B(1) to 3:

On September 27, 2013, Defendant A paid KRW 7,210,00 as deposit money, KRW 63,100 per rent, KRW 63,100 per month, and period from March 1, 2013 to February 28, 2015 (hereinafter “instant lease agreement”), and Defendant Korea Land and Housing Corporation paid KRW 7,210,00 as deposit money, around that time, to Defendant Korea Land and Housing Corporation.

B. On August 2014, Defendant A transferred to the Plaintiff all the claims for refund of lease deposit amounting to KRW 7,210,000, which he/she owns against the Defendant Korea Land and Housing Corporation according to the instant lease agreement, and notified the Defendant Korea Land and Housing Corporation of the said transfer by content-certified mail on August 25, 2014, and the said notification reached the Defendant Korea Land and Housing Corporation around that time.

C. By December 31, 2014, Defendant A delays the payment of KRW 257,00 in total, including the rent of KRW 322,00 from August 2014 to December 2, 2014, as well as the management fee, to Defendant Korea Land Depository.

2. According to the above facts of determination, Defendant A is obligated to deliver the instant real estate to the Korea Land and Housing Corporation in accordance with the above explanation letter. At the same time, Defendant Korea Land and Housing Corporation is obligated to deliver the said real estate from Defendant A to the Plaintiff at the same time, and at the same time, Defendant Korea Land and Housing Corporation is obligated to deliver the said real estate to the Plaintiff with all claims, such as overdue rent, management fee, damage of the said real estate, loss of the said real estate, etc., which the Defendant Korea Land and Housing Corporation has against Defendant A in relation to the lease agreement between the Defendants, and the lease deposit arises from the lease agreement to the lessor

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