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1. Defendant A shall deliver to the Korea Land and Housing Corporation the real estate listed in the attached list.
2. Defendant.
Reasons
1. Basic facts
A. On February 25, 2015, Defendant A entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) by setting the lease deposit amount of KRW 7,200,000, monthly rent of KRW 110,000, monthly rent of KRW 110,000, and the lease period of March 31, 2017.
B. On May 4, 2015, Defendant A borrowed KRW 5,000,000 from the Plaintiff as the due date for repayment on May 7, 2017, and transferred the claim to return the lease deposit under the instant lease agreement to the Plaintiff. On the same day, Defendant A notified the Plaintiff of the transfer of the claim to the Defendant Corporation.
[Ground of recognition] Facts without dispute, entry of Gap 1 to 5 evidence, purport of the whole pleadings
2. According to the facts of the determination as to the cause of the claim, since the lease contract of this case was terminated on March 31, 2017 upon the expiration of the lease period, Defendant A is obligated to deliver the instant real estate to the Defendant Corporation, which is the lessor. At the same time, the Defendant Corporation is obligated to pay the Plaintiff the remainder after deducting all the claims, such as the rent, management fee, etc. the Defendant Corporation had against the Defendant under the lease contract of this case from KRW 7,200,00 until the completion date of delivery of the said real estate (the Plaintiff’s claim against the Defendant Corporation for reimbursement of KRW 7,200,000,000 from the fact that the Defendant Corporation received the instant real estate from the Defendant Corporation to the lessor, but the claim for the refund of the lease deposit is a right under the condition that the remainder of the claim remains after deducting all the obligations of the lessee, such as overdue rent, management fee, unjust enrichment, damages, etc. accrued until the lease is delivered to the lessor after the termination date, and thus the Plaintiff’s claim is rejected by subrogation of the Defendant Corporation.