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(영문) 의정부지방법원고양지원 2019.07.11 2018가단91007
양수금
Text

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

2. Defendant.

Reasons

1. Determination as to the claim against Defendant D

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Applicable provisions of Acts: Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act;

2. The facts as stated in the separate sheet regarding the judgment on the Defendant Korea Land and Housing Corporation do not conflict between the parties, or can be acknowledged by adding the whole purport of the pleadings to the entries in Gap evidence Nos. 1 through 4. Thus, barring any special circumstance, the Defendant Korea Land and Housing Corporation is obligated to pay the lease deposit to the Plaintiff, the transferee of the lease deposit.

Therefore, Defendant Korea Land and Housing Corporation has the defense that the claim for rent, etc. should be deducted from the above lease deposit. Thus, in the lease contract, the lease deposit is a security for all the obligations of the lessee arising from the lease until the lessor issues an order to the lessor after the termination of the lease contract. The amount equivalent to the secured obligation is naturally deducted from the deposit without any separate declaration of intention, barring any special circumstances, when the object is returned after the termination of the lease relationship. Therefore, the lessor is obligated to return only the remainder after deducting the secured obligation from the lease deposit (see, e.g., Supreme Court Decision 2004Da5654, Dec. 23, 2004). As such, Defendant Korea Land and Housing Corporation has the obligation to pay the remainder after deducting all the claims, such as rent, management fee, etc., held against Defendant D by the Defendant under the lease contract between the Defendants and the date of delivery of the above real estate from Defendant D to the Plaintiff at KRW 17,310,000.

3. If so, the plaintiff's claim against the defendant D is justified, and it is against the Korea Land and Housing Corporation.

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