logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원부천지원 2017.11.24 2017가단8779
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. Facts of recognition;

A. On February 29, 2012, Defendant A entered into a lease agreement with the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) and with respect to the instant real estate (hereinafter “instant lease agreement”) with the term of KRW 16,58,00, monthly rent of KRW 228,860, and the term of lease from January 1, 201 to December 31, 2012 (hereinafter “the instant lease agreement”).

B. On November 26, 2012, the Plaintiff loaned KRW 13,000,000 to Defendant A, and as security, transferred the instant lease deposit claim against Defendant A against Defendant A.

Accordingly, on October 22, 2012, Defendant A notified Defendant A of the assignment of the above assignment of claims to Defendant Corporation, and the said assignment of claims reached Defendant Corporation on October 23, 2012.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 7 (including each number), the purport of the whole pleadings

2. Determination:

A. According to the above findings of the determination on the cause of the claim, since the lease contract of this case was terminated upon the expiration of the period, Defendant A, a lessee, has the duty to deliver the real estate of this case to the Defendant Corporation, a lessor, and Defendant A, barring any special circumstance, is obliged to pay the Plaintiff KRW 16,58,00 as the deposit for lease of this case at the same time as the delivery of the real estate from

B. 1 The Defendant Corporation’s defense is defense to the effect that it cannot respond to the Plaintiff’s claim since the instant lease contract was renewed and Defendant A resides in the instant real estate.

However, even if there is an explicit or implied agreement between the lessor and the lessee regarding the renewal of the lease contract or extension of the contract period after the lessor was notified of the transfer of the right to claim the return of the lease deposit, the effect of the agreement can not be affected by the transferee of the claim

Therefore, the defendant Corporation received the notification of the transfer of the lease deposit and agreed to renew the lease contract with the defendant A.

arrow