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(영문) 서울중앙지방법원 2019.06.24 2018가단5159606
양수금
Text

1. Defendant C 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 October 20, 2016, the Plaintiff lent KRW 24,200,000 to Defendant C (hereinafter “instant loan”).

B. On November 20, 2012, Defendant C leased from the Defendant Korea Land and Housing Corporation the deposit amount of KRW 19,300,000, KRW 209,000 per month, and the period of KRW 209,00 per month until August 31, 2016. On August 19, 2016, Defendant C agreed with the Defendant Korea Land and Housing Corporation to increase the deposit amount of KRW 20,245,00 per month to KRW 219,240 per month and to extend the period until August 31, 2018.

C. On October 17, 2016, Defendant C transferred to the Plaintiff the claim for refund of KRW 20,245,000 to secure the performance of the instant loan, and notified the Defendant Korea Land and Housing Corporation of the said claim with content certification.

Defendant C delays the repayment of the instant loans from October 2017.

[Reasons for Recognition] Defendant C: The defendant Korea Land and Housing Corporation that made a confession: The entries in Gap evidence 1 to 7, Eul evidence 1 to 3 (including each lot number No. 1) and the purport of the whole pleadings

2. The deposit received in relation to the lease of an immovable property is a security for the lessee’s all obligations arising out of the lease, such as the lease obligation, the obligation to compensate for damages arising from the loss, damage, etc. of the object. The amount equivalent to the secured obligation is naturally deducted from the deposit without a separate declaration of intention, unless any special circumstance exists to the effect that the object is returned after the termination of the lease relationship. This was transferred

The same shall also apply to the case.

According to the above facts, the instant lease contract was terminated on August 31, 2018 at the expiration of the term.

As such, Defendant C is obligated to deliver the instant real estate to the Korea Land and Housing Corporation, and Defendant Korea Land and Housing Corporation is simultaneously obligated to deliver the instant real estate from Defendant C to the Plaintiff, and at the same time, 20.

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