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(영문) 수원지방법원 2021.02.10 2020가단552775
건물인도
Text

The plaintiff's lawsuit against the defendant C is dismissed.

The plaintiff's claim against the defendant D is dismissed.

3. The costs of the lawsuit.

Reasons

1. On March 31, 2018, Defendant C provided a rent of KRW 20 million for lease of F apartment G units from E, and for the period from April 4, 2018 to April 3, 2020 (hereinafter “former lease”). The Plaintiff loaned KRW 3 million to Defendant C on January 21, 2019. The above transfer contract (hereinafter “the transfer contract”) included the following contents: (a) Defendant C transferred 3 million out of the deposit before the same day to the Plaintiff; (b) Defendant C transferred 200,000 won to the Plaintiff on March 5, 202, and (c) Defendant C transferred 20,000,000 won for each of the instant lease contracts (hereinafter “the instant building”) to Defendant D’s 20,000,000 won for 20,000 won for 20,000 won for each of the instant lease contracts (hereinafter “the instant lease contract”).

2. The gist of the Plaintiff’s assertion is that Defendant C did not prepare a new lease agreement of this case after the termination of the lease agreement of this case and a written consent to the management of the transfer agreement of this case. As such, Defendant C lost the benefit of time pursuant to Article 7(5) of the transfer agreement of January 21, 2019, and the Plaintiff may exercise the right to claim the return of the lease deposit of this case pursuant to the said provision.

The Plaintiff, as the assignee of the right to return the lease deposit of this case, sought the delivery of the building of this case against Defendant C by subrogation, who is the debtor, and sought the payment of the lease deposit of this case as the delivery of the building and simultaneous performance, like the purport of the claim against Defendant D.

3. Whether the lease contract of this case is terminated or not, the term of this case was not expired.

The defendants.

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