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(영문) 의정부지방법원 2021.03.09 2020가단3536
양수금 등
Text

1. The Defendants shall deliver to the Korea Land and Housing Corporation the real estate listed in the separate sheet. 2. Costs of lawsuit.

Reasons

1. The fact that there is no dispute between the parties to the determination on the cause of the claim, and according to the overall purport of Gap's evidence Nos. 1 through 5 (including branch numbers), and the overall purport of the theory of changes, the lease contract on real estate listed in the separate sheet between G (G) and the Korea Land and Housing Corporation ( lessor) is terminated as of November 30, 2019. The plaintiff was acquired by transfer from G on July 17, 2014 the right to return the lease deposit for the Korea Land and Housing Corporation in relation to the above lease, and thereafter the notification of the transfer of the claim to the Korea Land and Housing Corporation was received by G on June 14, 202, and the fact that the Defendants inherited the deceased on June 14, 2020.

After a lessor is notified of the transfer of the claim for the return of deposit, even if the lessor and the lessee have made an explicit or implied agreement with regard to the renewal of the lease contract or extension of the contract period, the agreement cannot be effective against the assignee of the claim for the return of deposit, and the obligee intends to exercise the obligor’s right to preserve his/her own claim, the obligee’s insolvency is ordinarily required. However, in a case where the obligee who acquired the claim for the return of deposit claims requests a pre-performance of the lessee’s housing name in order to claim the performance of the claim, the obligee’s claim for the return of deposit is not related to the preservation of the claim and the existence of the lessor’s financial ability, and it does not require insolvency (see Supreme Court Decision 88DaDa4253, 4260, Apr. 25, 198, etc.). Accordingly, as the above lease contract ends on November 30, 2019, G, the lessee, has the obligation to deliver real estate listed in the list of the Korea Housing Corporation, and the Defendants requested the above inheritance net’s death.

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