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1. Defendant A shall deliver to Defendant EP the real estate listed in the separate sheet to Defendant EP.
2. Defendant.
Reasons
1. Facts of recognition;
A. The Defendant A and the Defendant SP Corporation enter into a lease agreement between the Defendant A and the Defendant SP Corporation (hereinafter “instant real estate”) around May 20, 2002 and the real estate indicated in the separate sheet (hereinafter “instant real estate”).
A) After concluding a lease agreement with Defendant A, the lease agreement was renewed every two years. Around June 25, 2012, the lease agreement was concluded by setting the lease deposit amount of KRW 7,940,00, and the lease term of KRW 30,600 as of June 30, 2014, and the Defendant A paid the above lease deposit to Defendant A and Defendant SPP Corporation. (2) On June 25, 2014, the said lease agreement was renewed as of June 30, 2016, and Defendant A paid the above lease deposit to Defendant EP Corporation.
B. On August 26, 2013, Defendant A received money from the Korea Investment Savings Bank Co., Ltd. on the part of the Plaintiff and Defendant A in order to secure the payment of the loan, and Defendant A transferred KRW 20,150,000 among the lease deposit claims the Defendant A owns to the Korea Investment Savings Bank in order to secure the payment of the loan, and notified Defendant A of the transfer to the Korea Investment Trust Corporation and the notification thereof to Defendant EF on August 27, 2013.
【Defendant A’s ground for recognition” (Defendant A), absence of dispute, evidence A1-6, the purport of the entire pleadings (Defendant EAP). 2. Determination
A. On or around June 25, 2014, after the notice of the transfer of the lease deposit claim under the above lease agreement reached Defendant SP on August 27, 2013, Defendant A’s claim, even if the lease contract concerning the instant real estate was renewed between the Defendants on or around June 25, 2014, such agreement cannot be effective against the transferee of the deposit return claim (see Supreme Court Decision 88Da4253, 4260, Apr. 25, 1989). The above lease agreement between the Defendants on the instant real estate is concluded.