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(영문) 서울중앙지방법원 2019.03.26 2018가단5080557
양수금
Text

1. The defendant shall deliver to C real estate listed in the annexed list to C.

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

3...

Reasons

1. Basic facts

A. On December 30, 2016, the Defendant leased (hereinafter referred to as “instant apartment”) real estate listed in the separate sheet (hereinafter referred to as “instant apartment”) from C (hereinafter referred to as “C”) with the lease deposit of KRW 170 million and the lease term of KRW 90 million from November 9, 2016 to November 8, 2017 (hereinafter referred to as “instant lease agreement”), and subsequently paid full payment of the deposit and reside therein.

B. On January 17, 2017, the Plaintiff (former: D Co., Ltd.) loaned KRW 200 million to the Defendant. The Defendant transferred to the Plaintiff the claim for the refund of the lease deposit against the Plaintiff as security for the said obligation, and notified the transfer of the claim to C.

In addition, on January 17, 2017, the Defendant drafted a letter of commitment stating that “When you fail to pay the principal and interest of the loan by the due date (or due date for the loss of the term) to the Plaintiff, you would terminate the lease agreement entered into with the lessor with respect to the pertinent real estate so that you can directly receive the repayment of the deposit from the lessor even within the due date, and would like to immediately return or order the person designated by you to return to the lessor to order the building.”

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 7, the purport of the whole pleadings

2. According to the facts of the above recognition, the instant lease agreement has expired on November 8, 2017, and upon the Plaintiff’s request by subrogation, exercising C’s right to request the delivery of a building against the Defendant with the claim to return the lease deposit against C as the preserved right, the Defendant is obligated to deliver the instant apartment to C.

The Defendant asserted that the instant lease contract was renewed, but there is no evidence to acknowledge it, and even if the lessee and the lessor agreed to renew the contract or extend the contract period after the lessee transferred the claim for the repayment of the lease deposit to a third party, the agreement is concluded.

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