logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원서부지원 2015.04.09 2014가단37662
양수금
Text

1. Defendant B shall deliver to the Korea Land and Housing Corporation the real estate listed in the separate sheet.

2. Defendant.

Reasons

1. Determination as to the claim against the defendant B

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

(Term of lease is from December 15, 201 to January 31, 2014).(b)

Judgment by public notice (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 each of Gap 1 and 4, the facts constituting the grounds for the attachment are recognized.

According to the above facts, since the lease contract of this case terminated on January 31, 2014, the contract of this case has expired, as requested by the plaintiff, the defendant Korea Land and Housing Corporation is obligated to pay to the plaintiff the amount of 7,000,000 won borrowed within the limit of 18,100,000 won of lease deposit and the amount of 38.4% interest per annum from January 1, 2014 to the date of full payment.

B. On January 28, 2014, the Defendant Korea Land and Housing Corporation renewed the lease agreement with Defendant B on January 1, 2014 through January 31, 2016. The Defendant Korea Land and Housing Corporation asserted that the lease agreement should be renewed from February 1, 2014 to January 31, 2016, and that the overdue rent, management fee, etc. should be deducted from the lease deposit to the Defendant Korea Land and Housing Corporation. (2) Even if the lessor and the lessee have expressly or implicitly agreed on the renewal of the lease agreement or extension of the contract term after the lessor received the notification of the transfer of the lease deposit claim, the effect of the agreement cannot be affected by the transferee of the deposit (see Supreme Court Decision 88Meu4253, 4260, Apr. 25, 1989). It is evident that the said renewal was made after November 12, 2012 (A) by itself.

Furthermore, there is no evidence to acknowledge the existence of overdue rent, management fee, etc. to be deducted from the lease deposit.

3 The defendant's defense is without merit.

(c) conclusion.

arrow