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(영문) 서울중앙지방법원 2016.11.30 2016가단83496
양수금 등
Text

1. Defendant A shall deliver to the Korea Land and Housing Corporation the real estate listed in the separate sheet.

2. Defendant.

Reasons

1. In full view of the purport of the entire pleadings, the facts of the reasons for the claim are recognized as stated in the separate sheet Nos. 1 to 9.

2. According to the judgment and the facts of recognition as above, the lease contract concluded between Defendant A and the Korea Land and Housing Corporation on June 27, 2014 (hereinafter “instant apartment”) with respect to real estate listed in the separate sheet (hereinafter “instant apartment”) was terminated on June 30, 2016.

Therefore, Defendant A, a lessee, is obligated to deliver the apartment of this case to the Defendant Korea Land and Housing Corporation, a lessor, and the Defendant Korea Land and Housing Corporation, simultaneously with the delivery of the apartment of this case from Defendant A, is the final transferee of the claim for return of lease deposit under the lease contract of this case, and to pay the Plaintiff, a final transferee of the claim for return of lease deposit under the lease contract of this case from the above lease deposit 23,393,00 to the date the delivery of the apartment of this case is completed.

(1) The Defendant Korea Land and Housing Corporation asserts that only the remainder after deducting all claims, such as the rental fee, management fee, and restitution cost, of the Defendant Korea Land and Housing Corporation, arising from the lease agreement relationship, is obligated to return the remainder. However, the Plaintiff claims that “the Defendant Korea Land and Housing Corporation shall pay the remainder after deducting all claims it has against the Defendant A until the completion of delivery of the apartment in this case.” It is so decided as per

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