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1. Defendant A shall deliver to Defendant A real estate listed in the separate sheet to the housing interested in the private partnership company.
2. Defendant limited partnership company.
Reasons
1. Basic facts
A. On December 27, 2011, Defendant A entered into a lease agreement with the Defendant Limited Partnership Company (hereinafter “Defendant Company”) by setting the lease deposit amount of KRW 125,00,000, and the lease period of KRW 129,000 and May 29, 2016 (hereinafter “instant lease agreement”) as the lease agreement with respect to the real estate listed in the separate sheet (hereinafter “instant apartment”). Defendant A occupies and uses the instant apartment according to the said lease agreement.
B. As security for the lease deposit for the instant apartment, Defendant A borrowed a sum of KRW 100,000,000 on February 13, 2015, and KRW 30,000,000 on February 26, 2015, and KRW 20,000,000 on March 5, 2015, with the payment of the lease deposit for the instant apartment as well as KRW 100,00,000,00 from the Plaintiff as the Plaintiff’s respective repayment period until May 29, 2016, Defendant A prepared and provided the Plaintiff with a letter of intent to deliver the instant apartment to the Plaintiff or to the Plaintiff’s designated person, and separately transferred the above lease deposit to the Plaintiff and notified the Defendant Company of the transfer of the claim.
[Reasons for Recognition] - Defendant A: Each entry in Gap evidence 1 through 9 (including the paper numbers), the whole purport of pleading - Defendant Company: deemed as confession
2. According to the facts of the above recognition, the instant lease agreement was terminated on May 29, 2016, and Defendant A did not repay the above loan obligation to the Plaintiff. As such, Defendant A is obligated to deliver the instant apartment to the Defendant company designated by the Plaintiff, and the Defendant Company, at the same time, is obligated to pay the Plaintiff the lease deposit amount of KRW 125,00,000, which is the transferee of the right to claim the return of the above lease deposit, with the remainder of money obtained by deducting all claims, such as overdue rent, management fee, etc., which the Defendant Company had against the Defendant under the instant lease agreement.
3. In conclusion, the plaintiff's claim of this case is reasonable, and all of them are accepted. It is so decided as per Disposition.