beta
Text
1. Defendant C shall deliver to Defendant D the real estate listed in the separate sheet.
2. Defendant D shall be attached to Defendant C.
Reasons
1. Fact-finding;
A. On December 9, 2015, Defendant C leased the real estate listed in the separate sheet (hereinafter “instant building”) from Defendant D from Defendant D for the lease deposit of KRW 30,000,000, monthly rent of KRW 1.2 million, and the lease term from December 9, 2015 to December 8, 2017.
(hereinafter referred to as “instant lease agreement”). B.
On July 1, 2016, Defendant C transferred to the Plaintiff the claim amounting to KRW 15 million out of the claim for refund of deposit under the instant lease agreement. On July 1, 2016, the Plaintiff, who was delegated by Defendant C with the authority to notify the assignment of claim to the obligor, notified Defendant C of the said assignment of claim, and the notification reached Defendant D on June 13, 2017.
【Ground for Recognition: The facts that Defendant C does not clearly dispute (the above Defendant only submitted a formal reply demanding the rejection of the Plaintiff’s claim, and was absent on the date of pleading without submitting a document of counter-fluence, and thus, it is deemed that all of the Plaintiff’s assertion was led to a confession under Article 150(3) of the Civil Procedure Act), the facts that there was no dispute between the Plaintiff and the Defendant D, each of the entries in the evidence No. 1-7, and the purport of the entire pleadings
2. Determination:
A. According to the facts of the above recognition of the claim against Defendant C, the instant lease agreement terminated at the expiration of the term, and the Plaintiff, as the assignee of the right to return the lease deposit against Defendant C, may exercise the right to claim the delivery of the instant building against Defendant C in subrogation of the Plaintiff, so in this case, Defendant C is obliged to deliver the instant building to Defendant D.
B. According to the facts of the above recognition of the claim against Defendant D, the lease contract of this case terminated at the expiration of the term, and as such, Defendant D would receive the building of this case from Defendant C at the same time as the lease deposit of this case.