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1. Defendant C 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. Defendant C leased the real estate listed in the separate sheet (hereinafter “instant real estate”) from the Korea Land and Housing Corporation, and around April 18, 2014, Defendant C had a claim for refund of KRW 12,232,00,000 against the Korea Land and Housing Corporation.
B. On April 18, 2014, Defendant C transferred to the Plaintiff the right to refund the above lease deposit to the Korea Land and Housing Corporation, and notified the Defendant Korea Land and Housing Corporation of the transfer of the above lease deposit on April 21, 2014.
C. On April 22, 2014, Defendant C loaned KRW 8 million from the Plaintiff, and was unable to pay the interest to the Plaintiff since May 2018. The principal that was not paid until November 27, 2018 is KRW 8 million, and the interest amount is KRW 295,260.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 6, the purport of the whole pleadings
2. Determination
A. According to the above facts, Defendant C is obligated to deliver the instant real estate to the Defendant Korea Land and Housing Corporation, and the Defendant Korea Land and Housing Corporation is obligated to deliver the instant real estate from Defendant C to the Plaintiff at the same time to the date of delivery of the instant real estate from KRW 12,232,00 to the date of delivery of the instant real estate by the Defendants under a lease agreement on the instant real estate between the Defendants and the date of delivery of the
I would like to say.
B. As to this, Defendant Korea Land and Housing Corporation asserts that Defendant C is currently residing in this case’s real estate and the remainder of lease deposit to be returned to Defendant C is not confirmed, the Plaintiff’s claim cannot be complied with.
However, as seen earlier, the Defendant Korea Land and Housing Corporation's debt to the Plaintiff is likely to simultaneously receive the instant real estate from Defendant C, and if so, the Defendant Korea Land and Housing Corporation shall return it to Defendant C.