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1.(a)
Defendant A delivers to Defendant SA the real estate listed in the separate sheet to:
(b) the defendant.
Reasons
1. Facts of recognition;
A. Defendant A obtained a loan of KRW 6 million on July 31, 2013 from the Korea Investment Savings Bank (hereinafter “Korea Investment Savings Bank”) (hereinafter “Korea Investment Savings Bank”), with the terms of KRW 6 million per annum, 6% per annum, interest rate of KRW 17% per annum, and January 31, 2015 as the expiration date of the loan.
(B) the agreement on the above loan is called the “instant loan agreement.”
On January 28, 2013, Defendant A entered into a lease agreement with Defendant SAE and the real estate listed in the separate sheet (hereinafter “instant lease agreement”).
C. In order to secure the obligation to return a lease deposit under the instant loan agreement, Defendant A transferred the lease deposit claim to the Korea Investment Savings Bank, and the Korea Investment Savings Bank to the Plaintiff in succession, and Defendant A notified Defendant A of the assignment of the claim to the Korea Investment Trust Corporation.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 6, the purport of the whole pleadings
2. As to the claim against Defendant A, the Plaintiff: (a) received the claim for the return of the lease deposit against Defendant SP; and (b) claimed that Defendant SP Corporation sought the delivery of the real estate indicated in the separate sheet by subrogation of the right to request the delivery of the building against Defendant A; and (c) Defendant A agreed to the extension of the instant loan agreement at the maturity of the loan agreement; (d) the Plaintiff cannot exercise the right to claim for the return of the lease deposit, which is the preserved bond, at the maturity of the loan agreement.
However, as alleged by the defendant A, there is no evidence to prove that the Korea Savings Bank has agreed to extend the maturity without any condition at the expiration of the credit period, and the defendant A's assertion is without merit.
Therefore, Defendant A has a duty to deliver the real estate listed in the attached list to Defendant SP Corporation.
3. The Plaintiff’s judgment on the claim against Defendant SP Corporation is the Defendant.