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(영문) 서울남부지방법원 2020.09.16 2020가단238565
건물인도
Text

Defendant C shall deliver to Defendant D the real estate listed in the attached list.

2. Defendant D is described in paragraph 1 from Defendant C.

Reasons

1. Facts of recognition;

A. On February 2, 2017, Defendant C leased and leased (hereinafter “instant lease agreement”) KRW 30,000,000, monthly rent of KRW 1,500,000 from March 2, 2017 to March 2, 2019, the lease term of KRW 30,000,000 from Defendant D’s real estate indicated in the separate sheet (hereinafter “instant real estate”). From that time, Defendant C resides in the instant real estate.

B. On August 25, 2017, Defendant C borrowed KRW 15,000,000 from the Plaintiff, and entered into a contract on the transfer or acquisition of the claim to transfer KRW 15,000,000, out of KRW 30,000,000 to Defendant C’s claim for the refund of the lease deposit against Defendant C (hereinafter “instant contract on the transfer of claims”). On August 14, 2018, the Plaintiff delegated the notification of the transfer, notified Defendant D of the fact of the instant transfer to Defendant D and the said notification reached Defendant D on August 17, 2018.

[Ground of recognition] For Defendant C: The fact that there is no dispute against Defendant D, each entry of Party A1-1 to 10, and the purport of the whole pleadings

2. According to the facts of the above recognition, the lease contract of this case was terminated on March 2, 2019, and the Plaintiff, the assignee of the right to return the lease deposit, can seek an order of the real estate of this case against Defendant C, the lessee, by exercising the right of subrogation for the preservation of the lease deposit, in subrogation of Defendant D, who is the lessor (see, e.g., Supreme Court Decision 88Meu4253,4260, Apr. 25, 1989). Defendant C, the lessee, has the duty to deliver the real estate of this case to Defendant D, the lessor, and Defendant D is obliged to pay KRW 10,624,630, out of the lease deposit, to the Plaintiff, the transferee of the right to return the lease deposit.

As above, this Court has no dispute between the parties on the fact that Defendant C did not pay 3.5 million won for unjust enrichment equivalent to the rent until July 2020, management expenses, 875,370 won.

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