(영문) 광주지방법원 2018.12.18 2018가단22188

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(영문) 광주지방법원 2018.12.18 2018가단22188

건물인도

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1. Defendant A 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. On June 26, 2007, Defendant A entered into a lease agreement with the Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) on real estate listed in the separate sheet (hereinafter “instant real estate”) on a two-year lease period, and entered into a renewal agreement on a two-year basis.

B. With respect to B’s loan of KRW 14.2 million from the Plaintiff (interest: 6.8%; 22% per annum; and the date when the loan expires: July 31, 2013), Defendant A transferred to the Plaintiff the right to refund the lease deposit amount of KRW 17,816,000 against the Defendant Corporation on July 19, 201, and notified the Defendant Corporation of the transfer of the claim on July 21, 201.

C. Defendant A and the Defendant Corporation have renewed the lease contract at the time of expiration of the above lease contract (i.e., the lease contract that transfers the claim to refund the deposit, and hereinafter “instant lease contract”), and currently maintain the lease contract from August 1, 2017 to July 31, 2019 with the deposit amount of KRW 20,525,00, monthly rent of KRW 216,230, monthly rent of KRW 216,230, and the period from August 1, 2017.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the whole purport of pleading

2. Since the instant lease agreement as to the cause of the claim is terminated upon the expiration of the period, Defendant A, the lessee, must deliver the instant real estate to the Defendant Corporation as sought by the Plaintiff in subrogation of the Defendant Corporation.

Likewise, the Defendant Corporation should pay the Plaintiff, the assignee of the claim, with the remainder of the overdue rent, management expenses, taxes and public charges, etc., at the same time, after deducting all the claims from the lease deposit.

The defendant corporation asserts that as long as the renewed term of lease has not yet expired, the plaintiff corporation cannot respond to the plaintiff's claim.

However, after the lessor is notified of the transfer of the lease deposit claim, the lease contract is renewed between the lessor and the lessee.

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