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(영문) 인천지방법원부천지원 2016.08.18 2016가단9294
양수금등
Text

1. Defendant B shall deliver the attached real estate to Defendant Gyeonggi-do Si Corporation.

2. The defendant Gyeonggi-do Si Corporation.

Reasons

1. Facts of recognition;

A. On January 7, 2014, the Defendant Gyeonggi-do Urban Planning Corporation (hereinafter “Defendant Corporation”) entered into a lease agreement with Defendant B with respect to the real estate indicated in the attached Form (hereinafter “instant building”) with Defendant B, with the term of KRW 60,00,000, monthly rent of KRW 430,000, and the term of lease until February 29, 2016 (hereinafter “instant lease agreement”), and leased the instant building to Defendant B.

B. On March 13, 2014, Defendant B transferred to the Plaintiff the right to refund the lease deposit to the Defendant Corporation under the instant lease agreement, and notified the Defendant Corporation thereof.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, the claim for return of lease deposit under the instant lease agreement was transferred to the Plaintiff. Since the instant lease agreement expired on February 29, 2016, Defendant B is obligated to deliver the instant building to the Defendant Corporation, and the Defendant Corporation is obliged to pay KRW 60,000,000 to the Plaintiff at the same time as the delivery of the instant building from Defendant B.

B. On the other hand, the defendant corporation is obligated to pay only the remainder after deducting the overdue rent, management fee, etc. until the delivery of the building of this case.

The lessor is obligated to return only the balance after deducting the lessor’s claim arising between the termination of the lease relationship and the delivery of the object, since the lessor’s claim for the return of the lease deposit is based on the condition that the lessor’s claim for the repayment of the lease deposit occurs.

However, even according to the assertion by the Defendant Corporation, there is no evidence to acknowledge that Defendant B did not delay the rent and management fee, and otherwise, Defendant B had a claim that can be deducted against Defendant B until the conclusion of the argument in this case.

Therefore, the defendant Corporation's status.

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