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1. Defendant A shall deliver the real estate listed in the separate sheet to Defendant B’s vice house.
2. The defendant corporation.
Reasons
1. On October 21, 2009, Defendant A leased the real estate (hereinafter “instant apartment”) indicated in the attached Table (including KRW 20,000,000,000 for lease deposit (including advance payment rent), KRW 509,300 for rent, and period from July 13, 2013 to October 7, 2014, respectively (hereinafter “instant lease agreement”).
Defendant A paid the above lease deposit and received the instant apartment in accordance with the instant lease agreement. On April 29, 2013, Defendant A transferred to the Plaintiff the above lease deposit amount of KRW 196,000,000 under the instant lease agreement, and notified the Plaintiff of the said transfer on April 30, 201.
[Ground of recognition] Between the Plaintiff and the Defendant: The fact that there is no dispute between the Plaintiff and the Defendant Non-permanent Housing indicated in Gap evidence Nos. 1 through 4, Eul evidence Nos. 1-1 and 2
2. In a case where a creditor intends to exercise the debtor’s right in order to preserve his/her own claim against Defendant A, the creditor’s insolvency is ordinarily required; however, in a case where the lessee’s housing name needs to be preferentially performed in order to claim the performance of the lease deposit that he/she acquired, or where the lessor’s right to terminate the contract is exercised in subrogation of the lessor’s right to terminate the contract, the lessor’s right to terminate the contract is irrelevant to the preservation of the relevant claim
(See Supreme Court Decision 88Meu4253, 4260 Decided April 25, 1989). In light of the above facts, the instant lease agreement was terminated on October 7, 2014, and thus, Defendant A has a duty to deliver the instant apartment to Defendant B, and the Plaintiff, as the assignee of the Defendant’s secondary house, can seek the implementation by subrogation of the Defendant’s secondary house as the assignee of the Defendant’s secondary house.
3. As to the Defendant’s house.