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(영문) 서울북부지방법원 2020.09.17 2020가합22722
추심금
Text

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

2. Defendant B shall be accompanied by Defendant C.

Reasons

Basic Facts

On February 23, 2018, Defendant B entered into a lease agreement with Defendant C by setting the lease deposit amount of KRW 250 million, monthly rent of KRW 1.2 million, and the lease term from March 30, 2018 to March 29, 2020.

On December 19, 2018, Defendant C borrowed KRW 350 million from the Plaintiff on December 12, 2018. Defendant C agreed to pay the Plaintiff KRW 50 million on January 20, 2019, and KRW 300 million on December 18, 2019; however, Defendant C agreed to pay the Plaintiff KRW 50 million on December 20, 2019, but if the payment was delayed, it would lose the benefit of the deadline and immediately recognize compulsory execution (No. 594 of the preparation of D office of notary public).

On February 14, 2019, based on the original copy of the above notarial deed, the Plaintiff received a seizure and collection order as to the claim to return the above lease deposit against Defendant C by Suwon District Court 2019T10267, and the above seizure and collection order was served on February 19, 2019.

Defendant C paid the rent to Defendant B by March 29, 2020, and paid the management fee by March 2020.

As of the date of closing argument of this case, Defendant C resides in the apartment of this case.

[Reasons for Recognition] Fact-finding, Gap's evidence Nos. 1, 4, and 6, and the facts of the above recognition as to the grounds for the claim for determination of the purport of the whole pleadings. Since the above lease contract terminated on March 29, 2020, the above lease contract expired, barring special circumstances, defendant C is obligated to deliver the apartment of this case to defendant B upon the plaintiff's subrogation claim, which is the collection creditor to preserve the claim for refund of the lease deposit against defendant C, and the defendant B is obligated to pay the above lease deposit amount of KRW 250 million to the plaintiff.

As to the judgment on the defendant B's defense, the defendant B is in the relation of the delivery of the apartment of this case and the payment of the lease deposit.

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