(영문) 서울중앙지방법원 2013.10.10 2013가단5025050

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(영문) 서울중앙지방법원 2013.10.10 2013가단5025050

양수금등

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1. The defendant shall order the Public Official Pension Service to order a building attached to the attached Form.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Facts of recognition;

A. On May 4, 2011, the Defendant concluded a lease agreement between the Public Official Pension Service and the Public Official Pension Service under which the Defendant leased the building attached to the attached Form (hereinafter “instant building”) from the Public Official Pension Service by setting the deposit amount of KRW 65,330,00, and the period from May 4, 2011 to May 3, 2013, and paid KRW 65,30,000 as the deposit to the Public Official Pension Service.

B. On April 29, 2011, the Defendant transferred the claim for the refund of the lease deposit under the above lease agreement to MS Mutual Savings Bank, and notified it to the Public Official Pension Service on May 6, 2011. After transferring the claim for the refund of the lease deposit to MS Mutual Savings Bank, MS Mutual Savings Bank notified it to the Public Official Pension Service after transferring the claim for the refund of the lease deposit to a new credit information company, and the new credit information company notified the new credit information company to the public Official Pension Service after transferring the claim for the refund of the

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 8, the purport of the whole pleadings

2. According to the facts of the above recognition, the above lease was terminated upon the expiration of the period on May 3, 2013, and in this case, where the plaintiff, the transferee of the claim to refund the deposit, who is the lessee, needs to simultaneously perform the name of the defendant's building of this case in order to claim the performance of the claim, the defendant is obligated to order the public official pension corporation to order the building of this case upon the plaintiff's request by subrogation of the public official pension corporation, who is the lessor.

3. If so, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

유사 판례

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