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1. Defendant A 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 June 29, 2007, Defendant A leased from Defendant Korea Land and Housing Corporation the real estate listed in the separate sheet (hereinafter “instant real estate”) from Defendant Korea Land and Housing Corporation for KRW 16,00,000, KRW 89,500, and the period from December 21, 2007 to December 20, 2009.
(hereinafter “instant lease agreement”). B.
A around February 2008, pursuant to the instant lease agreement, Defendant A transferred to the Plaintiff all the claim for refund of the deposit, which the principal has against the Korea Land and Housing Corporation, and notified the purport of the assignment of the deposit at around that time to Defendant Korea Land and Housing Corporation by content-certified mail, and reached the Defendant Korea Land and Housing Corporation around February 4, 2008.
[Ground of recognition] Facts without dispute, Gap evidence 3, 4, 5, Eul evidence 2, the purport of the whole pleadings
2. Determination as to the claim against Defendant A
A. The Plaintiff asserts that he/she transferred his/her right to terminate the instant lease agreement, along with the claim to return the deposit under the instant lease agreement, from A, and that he/she notified the Defendant Korea Land and Housing Corporation of the termination thereof on or around February 2012. In subrogation of the Defendant Korea Land and Housing Corporation, the Plaintiff seeks to transfer the instant real estate
(b) Judgment made by deemed confession (Article 208 (3) 2 and the main sentence of Article 150 (3) of the Civil Procedure Act);
3. According to the facts of the above recognition as to the claim against the Korea Land and Housing Corporation, the instant lease agreement is deemed to have expired on December 20, 2009. As such, the Defendant Korea Land and Housing Corporation is obligated to pay KRW 16,00,000 to the Plaintiff simultaneously with the delivery of the said real estate from the Defendant A as requested by the Plaintiff.
In this regard, the defendant Korean Land and Housing Corporation asserts to the effect that the lease contract of this case has not been renewed every two years after the expiration of the contract.
Even if the instant lease contract expired.