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Defendant C shall deliver to Defendant A the three-story of 118.57 square meters among the real estate listed in the attached list.
Defendant A. Defendant A.
Reasons
1. Basic facts
A. The Plaintiff is a public corporation established under the Housing and Urban Fund Act to conduct various guarantee business to enhance the housing welfare of the people.
Defendant A is the owner and lessor of three floors (hereinafter “instant building”) among the real estate listed in the attached list, and Defendant C is the lessee of the instant building.
B. On February 27, 2017, Defendant A entered into a lease agreement with Defendant C with the term “120,000,000 won” and “the term of lease from March 10, 2017 to March 9, 2019” with respect to the instant building (hereinafter “instant lease agreement”) and completed the lease deposit amount of KRW 120,00,000 from Defendant C on March 10, 2017, and handed over the instant building to Defendant C.
C. As between the Plaintiff and the Plaintiff on March 10, 2017, Defendant C entered into a guarantee contract for the repayment of the lease deposit (from March 20, 2017 to April 9, 2019) with the Plaintiff’s obligation to repay the lease deposit (from March 20, 2017 to the guarantee amount of KRW 80,000,000, and from March 10, 2017 to March 9, 2019) and Defendant C’s obligation to refund the lease deposit (from KRW 100,000,000, and from March 10, 2017 to March 9, 2019) with the Plaintiff on March 14, 2017.
Defendant A consented to the assignment of claims on March 14, 2017, and the Plaintiff obtained a fixed date in the assignment contract and written consent on the same day.
On July 30, 2019, the Plaintiff claimed for the performance of the guaranteed obligation under the guarantee of security deposit interest loan from the E Bank, and subrogated for KRW 80,622,465, which is the sum of the principal and interest of Defendant C’s former generation obligation to the E Bank.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. Determination:
A. According to the above findings of the determination as to the cause of the claim, the lease agreement on the instant building was terminated on March 9, 2019 after the expiration of the period.
The lease contract is terminated.