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(영문) 대구지방법원의성지원 2015.06.24 2015가단627
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 March 3, 2011, the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) concluded a lease agreement (hereinafter “instant lease agreement”) with Defendant A by setting the lease deposit amount of KRW 11,248,00, monthly rent of KRW 81,630, and the lease term of KRW 81,630, from March 1, 201 to February 28, 2013.

B. On March 5, 2012, Defendant A transferred to the Plaintiff the right to refund the lease deposit under the instant lease agreement, and sent the content-certified mail notifying the Defendant Corporation of the assignment of the claim on the same day, and the said content-certified mail sent to the Defendant Corporation on March 6, 2012.

【Defendant A’s ground for recognition: The fact that there is no dispute over the Defendant Corporation: Gap’s evidence No. 2, Gap’s evidence No. 4-1, 2, Gap’s evidence No. 5 and 7, and the purport of the whole pleadings

2. Determination

A. According to the facts of the judgment on the cause of the claim, the instant lease agreement terminated at the expiration of the period, barring special circumstances, Defendant A is obligated to deliver the instant real estate to the Defendant Corporation upon the Plaintiff’s request subrogated by the Defendant Corporation, and the Defendant Corporation is also obligated to pay KRW 11,248,00 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 the payment of the claim for the return of the lease deposit acquired from Defendant A, the Defendant Corporation may only pay the remainder of the money obtained by deducting the rent, management fee, etc. borne by Defendant A to the Defendant Corporation by the completion date of delivery of the instant real estate from the lease deposit. 2) The deposit received from the lease of real estate is due to the rent and the loss of or damage

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