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(영문) 의정부지방법원고양지원 2019.07.03 2019가단75163
양수금
Text

1. Defendant G, H, I, and J deliver to the Defendant Korea Land and Housing Corporation real estate indicated in the annexed real estate indication.

Reasons

1. The facts as stated in the separate sheet regarding the judgment on the Defendant Korea Land and Housing Corporation do not conflict between the parties, or can be acknowledged by adding the whole purport of the pleadings to the entries in the evidence A from 1 to 4. Thus, barring special circumstances, the Defendant Korea Land and Housing Corporation is obligated to pay the lease deposit to the Plaintiff, the assignee of the lease deposit claims, along with the delivery of real estate stated in the order from Defendant G, H

In this regard, the defendant Korea Land and Housing Corporation has a defense that the amount of the lease deposit should be deducted from the lease deposit.

Since the lease deposit is secured by the lessor’s all the claims of the lessee with respect to the lease until the lessee returns the leased object, the Defendant Korea Land and Housing Corporation is obligated to pay the Plaintiff all the claims, such as the rent, management fee, etc. that the lessor has against the Defendant G, H, I, and J, as well as the delivery of the said real estate from the Defendant G, H, I, and J, to the Plaintiff at the same time by the date of the delivery of the said real estate from the 16,500,000 won.

2. Determination as to the claim against Defendant G, H, I, J, and F

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Defendant F and H: Judgment on deemed confession (Articles 208(3)2 and 150(3) of the Civil Procedure Act);

C. Defendant G, I, and J: Decision by public notice (Article 208(3)3 of the Civil Procedure Act)

3. According to the conclusion, the Plaintiff’s claim against the Defendant G, H, I, J, and F is accepted, and the remainder is dismissed. However, considering the fact that the Plaintiff’s claim against the Defendant Korea Land and Housing Corporation has succeeded to the deceased’s status due to the death of the network K, which is the original lessee, the Defendant G, etc., who is a siblings, succeeds to the deceased’s status, and that part of the claim against the Defendant Korea Land and Housing Corporation has been accepted, the costs of the lawsuit shall be borne individually.

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