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(영문) 수원지방법원 2020.10.16 2020가단520471
양수금 등
Text

Defendant B shall deliver to the Korea Land and Housing Corporation the real estate listed in the attached list.

Defendant.

Reasons

1. Facts of recognition;

A. On July 12, 2011, Defendant B entered into a lease agreement with the Korea Land and Housing Corporation (hereinafter “instant lease agreement”) on the lease of real estate listed in the separate sheet from the Defendant Korea Land and Housing Corporation (hereinafter “instant real estate”).

B. On December 30, 2013, when the instant lease agreement has been renewed and continued several times, Defendant B transferred to the Plaintiff the right to refund the lease deposit amount of KRW 89,080,000 under the instant lease agreement with the Defendant Korea Land and Housing Corporation, and on the same day, notified the Defendant Korea Land and Housing Corporation of the transfer of the said lease through content-certified mail. At that time, the Defendant Korea Land and Housing Corporation was served with the content-certified mail.

C. Since January 9, 2014, the instant lease agreement was renewed by terms of deposit KRW 89,080,000, monthly rent KRW 450,640, and the term of lease from January 1, 2014 to December 31, 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 4, Gap evidence 3-1, 2-2, and the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. According to the above facts, as of the date of the closing of argument in this case, the lease contract in this case has expired, and as seen below, the defendant Korea Land and Housing Corporation has the obligation to refund the lease deposit under the lease contract in this case that the plaintiff acquired by the plaintiff, and the plaintiff has the right to seek the transfer of the real estate in this case against the defendant B by subrogation of the defendant Korea Land and Housing Corporation in order to preserve the above claim

B. Accordingly, Defendant B is obligated to deliver the instant real estate to the Korea Land and Housing Corporation.

3. Determination as to the claim against the defendant Korea Land and Housing Corporation

A. According to the facts found in the first instance as to the cause of the claim, the instant case is examined.

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