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1. Defendant A shall deliver to the Korea Land and Housing Corporation the real estate listed in the separate sheet.
2. Defendant.
Reasons
Facts of recognition
A. On June 23, 2014, Defendant A entered into a lease agreement with the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Korea Housing Corporation”) to lease the real estate listed in the separate sheet (hereinafter “instant building”) with the lease deposit of KRW 17,572,00, monthly rent of KRW 120,810, and the period from July 1, 2014 to June 30, 2016 (hereinafter “instant lease agreement”). Defendant A paid the said lease deposit to the Defendant Housing Corporation and moved into the instant building.
B. Around June 2014, the Dong Savings Bank Co., Ltd. (hereinafter “Non-Party Savings Bank”) established and lent a total of KRW 13.5 million with interest rate of KRW 8.9% per annum (22.9% per annum) and due date of payment on June 30, 2016 to Defendant A transferred to the Non-Party Bank the right to return the deposit of the instant lease agreement to the Defendant Housing Corporation (hereinafter “the right to return the lease deposit of this case”) on the security of the above loan’s obligation to the Non-Party Bank on June 25, 2014, and thereafter notified the Defendant Housing Corporation of the transfer of the claim by content-certified mail.
C. Around December 22, 2014, Defendant A did not pay the principal and interest of Nonparty A to Nonparty bank, thereby losing the benefit of time for the above loan obligations.
After that, on March 31, 2015, the non-party bank transferred the above loan claims and the refund claims of the lease deposit of this case to the Plaintiff. At that time, the non-party bank notified the Defendants of the assignment by content-certified mail.
[Ground for recognition] Defendant A: (a) The Defendant Housing Corporation has a duty to deliver the instant building to the Defendant Housing Corporation upon the Plaintiff’s subrogation request, and the Defendant Housing Corporation has a duty to deliver the instant building to the Defendant Housing Corporation upon the Defendant’s subrogation request, based on the following facts: (b) the fact that there is no dispute; (c) the entries in the evidence Nos. 1 through 11 (including the virtual number); and (d) the purport of the entire pleadings; and (d) the purport of the instant lease agreement has been terminated on June 30, 2016.