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(영문) 서울중앙지방법원 2016.05.13 2015가단189434
양수금등
Text

1. Defendant A shall deliver the real estate listed in the separate sheet to Defendant SP Corporation.

2. Defendant.

Reasons

1. Determination on the cause of the claim

A. The following facts are deemed to have been led to the confession by Defendant A pursuant to Article 150(3) of the Civil Procedure Act between the Plaintiff and the Defendant, and the Plaintiff and Defendant E&S Corporation (hereinafter “Defendant E&S”) may be acknowledged by taking into account the overall purport of the arguments among the respective descriptions of evidence Nos. 1 through 6.

1) Defendant A is a MS Mutual Savings Bank Co., Ltd. (hereinafter “MS”) on August 24, 2011.

(2) On July 13, 2005, Defendant A granted a loan on August 31, 2015, at the interest rate of KRW 6.2 million per annum, KRW 11% per annum, KRW 22% per annum, and KRW 22% per annum, and KRW 9,670,000 per annum, and KRW 122,50 per annum, and renewed the lease contract by determining the real estate specified in the separate sheet (hereinafter “the instant real estate”) from the Defendant Corporation as KRW 9,670,00 per annum and KRW 122,50 per annum. Ultimately, Defendant Corporation and the expiration date of the lease were determined by August 31, 2015.

3) On August 23, 2011, Defendant A transferred the instant claim for the refund of the instant lease deposit to MS as collateral for the said loan obligation, and on August 25, 2011, notified the Defendant Corporation of the said transfer. 4) On October 30, 2015, the Plaintiff acquired the instant claim for the refund of the lease deposit from MSS and notified the Defendant Corporation of the said transfer on the same day.

B. In order to claim the return of the lease deposit of this case against the transferee of the right to claim the return of the lease deposit of this case and the debtor to the defendant Corporation, the defendant A's delivery of the real estate of this case must be done beforehand. Thus, the defendant A may seek the delivery of the real estate of this case

(See Supreme Court Decision 88Meu4253, 4260 Decided April 25, 1989. Since the instant lease agreement expired on August 31, 2015, the Defendant A is obligated to deliver the instant real estate to the Defendant Corporation upon the Plaintiff’s subrogation request, and the Defendant Corporation is the Defendant Corporation.

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