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(영문) 서울중앙지방법원 2019.06.13 2018가단5258060
건물명도(인도)
Text

1. Defendant C shall deliver to Defendant E the real estate listed in the separate sheet.

2. Defendant E shall be attached to Defendant C.

Reasons

1. Facts of recognition;

A. On October 23, 2016, Defendant C entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant E by setting the lease deposit of KRW 10,000,000 as well as the lease term on October 23, 2018.

B. On February 8, 2017, Defendant C borrowed KRW 3,00,000 from the Plaintiff at an interest rate of 27.9%, overdue interest rate of 27.9%, and due date of payment on October 23, 2018.

On February 17, 2017, in order to secure the above loan obligation, Defendant C transferred to the Plaintiff the claim amounting to five million won (hereinafter “the claim for the return of the lease deposit in this case”) out of the lease deposit claims held against Defendant E under the instant lease agreement. The Plaintiff was delegated with the authority to notify the transfer to Defendant C and notified the transfer to Defendant E of the transfer on May 10, 2018, and the notification was delivered to Defendant E on May 11, 2018.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. According to the facts of determination as to the claim against Defendant C, the instant lease agreement was terminated at the expiration of the period on October 23, 2018, and the Plaintiff to whom the claim for the refund of the lease deposit was transferred can seek a delivery of the real estate indicated in the separate sheet to Defendant C, a lessee, by exercising the subrogation right on behalf of the lessor, in order to preserve the claim. As such, Defendant C, a lessee, is obligated to deliver the real estate listed in the separate sheet to Defendant E, the lessor.

Although Defendant C asserts that the instant lease contract was renewed after the expiration of the term, the agreement on the renewal of the lease contract or the extension of the term of the lease contract after the notification of the transfer of the right to return the lease deposit cannot be asserted as effective against the transferee of the right to return the lease deposit. Therefore, Defendant C’

3. In determining the claim against Defendant E, the deposit received in the lease of real estate is due to the rent and the loss, damage, etc. of the object.

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