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(영문) 서울중앙지방법원 2017.07.14 2016가단147864
양수금 등
Text

1. Defendant A 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 January 13, 2014, Defendant A entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) and with regard to the real estate listed in the separate sheet (hereinafter “instant real estate”) as the lease deposit amount of KRW 74,408,00, monthly rent of KRW 429,680, and the term of lease from January 1, 2014 to December 31, 2015 (hereinafter “instant lease agreement”).

B. Around July 23, 2014, Dong Savings Bank Co., Ltd. loaned KRW 60 million to Defendant A at the maturity date on December 31, 2015 and at the rate of 6.8% per annum. As a security, Defendant A transferred the above lease deposit refund claim against Defendant A to Defendant Corporation.

Accordingly, around July 23, 2014, Defendant A notified Defendant A of the assignment of the above assignment of claims to Defendant Corporation, and that notification reached Defendant Corporation around that time.

C. On October 6, 2015, Dong Savings Bank transferred to the Plaintiff the claim for the refund of the above lease deposit against the Defendant Corporation. The above assignment notification reached the Defendant Corporation around that time.

[Ground for Recognition] Defendant A: The fact that there is no dispute over the Defendant Corporation, each entry in Gap evidence Nos. 1 through 4 (including additional numbers), and the purport of whole pleadings

2. According to the facts of the above recognition, since the lease contract of this case was terminated on December 31, 2015, Defendant A, a lessee, is obligated to deliver the real estate of this case to the Defendant Corporation, a lessor, and the Defendant Corporation, simultaneously with the delivery of the real estate of this case from Defendant A from Defendant A to the Plaintiff, the assignee of the above lease deposit claim, and the Plaintiff, the transferee of the above lease deposit, from KRW 74,408,00 to the date of the completion of the delivery of the above real estate, after deducting all the claims against Defendant A arising out of the lease contract relationship between the Defendants until the date

As to this, the Defendant Corporation entered into the instant lease agreement.

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