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(영문) 전주지방법원 군산지원 2018.06.21 2017가단4831
양수금 등
Text

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 February 22, 2010, Defendant A leased the instant building from the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) the real estate indicated in the separate sheet (hereinafter “instant real estate”) by setting the lease deposit of KRW 21 million, monthly rent of KRW 120,000,000, and the lease term of KRW 21,000,000,000,000,000 (hereinafter “instant lease agreement”), and around that time, it was handed over by the Defendant Corporation.

B. On October 20, 2010, Defendant A transferred to the Plaintiff the right to refund the lease deposit equivalent to KRW 21 million under the instant lease agreement, and notified the Defendant Corporation of the assignment of the claim on the same day.

The above assignment notification reached the Defendant Corporation on the 21st of the same month.

[Ground for Recognition] Defendant A: Article 208(3)2 of the Civil Procedure Act (i.e., the judgment of the court below) that Defendant Corporation has no dispute, each entry (including the provisional number) in the evidence Nos. 1 through 4, the purport of the whole pleadings

2. Determination:

A. According to the facts of the judgment on the cause of the claim, since the lease contract of this case was terminated at the expiration of the term, Defendant A, a lessee, is obligated to deliver the real estate of this case to the Defendant Corporation upon the Plaintiff’s request subrogated by the Defendant Corporation, the lessor, and the Defendant Corporation is obligated to pay the Plaintiff, who acquired the claim for the refund of the lease deposit under the lease contract of this case, from KRW 21 million to the date of delivery of the real estate, the remainder of the lease deposit after deducting all the claims, such as rent, management fee, etc., the Defendant Corporation

B. The defendant corporation asserts that since the instant lease contract was renewed, the plaintiff corporation cannot respond to the plaintiff's claim.

On the other hand, after the lessor was notified of the transfer of the right to claim the return of the lease deposit, the lessor and the lessee have made an explicit or implied agreement on the renewal of the lease contract or extension of the contract term.

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