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(영문) 대구지방법원의성지원 2015.10.28 2015가단1187
양수금
Text

1.(a)

Defendant A shall deliver to the Korea Land and Housing Corporation the real estate listed in the attached list.

(b) the defendant.

Reasons

1. Facts of recognition;

A. On August 30, 2012, the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) concluded a lease agreement with Defendant A with regard to the instant apartment (hereinafter “instant lease agreement”) between KRW 20,436,00 and the term of lease from September 1, 2012 to August 31, 2014.

B. On March 4, 2014, Defendant A transferred to the Plaintiff the right to refund the lease deposit under the instant lease agreement, and notified the Defendant Corporation of the transfer of the said claim on or around March 5, 2014.

【Defendant A: Confession (the main sentence of Article 150(1) of the Civil Procedure Act)

2. Determination

A. According to the facts found in the judgment on the cause of the claim, the instant lease agreement terminated at the expiration of the period, barring any special circumstance, Defendant A is obligated to deliver the instant real estate to the Defendant Corporation upon the Plaintiff’s request subrogated by the Defendant Corporation. The Defendant Corporation is also obligated to pay KRW 20,436,00 to the Plaintiff who acquired the claim to return the lease deposit at the same time as the transfer of the instant real estate from the Defendant A.

B. 1) As to the assertion on Defendant Corporation’s assertion, the Defendant Corporation asserts that, with respect to the Plaintiff seeking payment of the claim for return of the lease deposit received from Defendant A, the Defendant Corporation may only pay the remainder of the lease deposit less all expenses, such as delinquent rent and management fee, etc., borne by Defendant A to the Defendant Corporation until the completion date of delivery of the instant real estate. 2) The deposit received from the real estate lease is a security for all the lessee’s obligations arising from the lease, such as rent and liability for damages arising from the loss or damage of the object, and the amount equivalent to the secured obligation is a special circumstance when the object is returned after the termination date

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