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(영문) 전주지방법원남원지원 2019.11.06 2019가단10058
양수금
Text

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

2. Defendant.

Reasons

1. Facts of recognition;

A. On August 12, 2009, Defendant C entered into a lease agreement with the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) and with the Defendant Corporation to lease real estate listed in the separate sheet (hereinafter “instant apartment”) at KRW 31 million as lease deposit and KRW 2 million as monthly rent (hereinafter “instant lease agreement”) and paid KRW 31 million to the Defendant Corporation.

B. On August 13, 2009, Defendant C transferred the right to refund the lease deposit under the instant lease agreement to the Plaintiff, and notified the Defendant Corporation of the assignment of the claim on the same day.

C. Defendant C was handed over the instant apartment from Defendant Corporation around that time.

The instant lease agreement was renewed later, and the lease under the instant lease agreement was terminated on September 30, 2017.

[Grounds for Recognition] The main text of Article 150(3) and the main text of Article 150(1) of the Civil Procedure Act

2. According to the facts of the determination on the cause of the claim, the lease under the instant lease agreement was terminated on September 30, 2017 upon the expiration of the period.

(3) If a lessee is 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 assignee of the right to claim the return of the lease 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. Therefore, Defendant C is obligated to deliver the apartment of this case to the Defendant Corporation, and the Plaintiff, as the obligee of the Defendant Corporation, may seek the performance by subrogation, on behalf of the Defendant Corporation. The Defendant Corporation, simultaneously with the delivery of the above apartment from Defendant C, deducted all the amount of the claim for the return of the lease deposit under the lease contract of this case to the Plaintiff from KRW 31 million until the completion of delivery of the apartment

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