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(영문) 부산지방법원 2020.10.22 2020가단915
양수금
Text

Defendant B shall deliver to the Korea Land and Housing Corporation the real estate listed in the attached list.

Defendant.

Reasons

1. Determination as to the claim against the defendant B

(a)as shown in the reasons for the attachment of the claim;

(b) Article 208(3)3 of the Civil Procedure Act:

2. Determination as to the claim against the defendant Korea Land and Housing Corporation

A. According to the statements in Gap evidence Nos. 1 through 7, each of the reasons for the claim is acknowledged. According to the above facts, barring any special circumstance, the defendant Korea Land and Housing Corporation is obligated to return the lease deposit amount of KRW 12,693,000 to the plaintiff simultaneously with the delivery of real estate in the annexed list from the defendant B.

B. As to this, Defendant Korea Land and Housing Corporation asserts that all claims should be deducted, such as unpaid monthly rents and management expenses, which Defendant B should pay to the Defendant Korea Land and Housing Corporation due to the termination of the lease agreement, from the above lease deposit, and thus, Defendant B is obligated to pay the above money to the Defendant Korea Land and Housing Corporation upon the termination of the lease agreement.

Therefore, the above argument of the defendant Korea Land and Housing Corporation is justified.

C. Therefore, the Defendant Korea Land and Housing Corporation is obliged to pay to the Plaintiff the remainder of the amount calculated by deducting all the claims owed by the Defendant Company against the Defendant B from KRW 12,693,00,000 due to the termination of the lease agreement between the Defendants until the completion of delivery of the said real estate.

3. In conclusion, the plaintiff's claim against the defendant B is accepted on the ground of its reasoning. The plaintiff's claim against the defendant Korea Land and Housing Corporation is accepted within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

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