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1. At the same time, the Defendant received the buildings listed in the attached list from Nonparty C, and at the same time, KRW 23,00,000 from the Plaintiff.
Reasons
1. Facts of recognition;
A. On December 15, 2010, Nonparty C concluded a lease agreement with Nonparty D and two other parties on a deposit for lease (hereinafter “instant lease agreement”) with the following terms: (a) KRW 30 million; (b) monthly rent of KRW 1 million; and (c) the period from February 25, 2011 to 60 months; and (b) paid the deposit for lease; and (c) received delivery of the instant part of the building.
B. The Defendant transferred the ownership of the entire building including the instant building from the above D and two others, and succeeded to the lessor’s status under the instant lease agreement.
C. On June 6, 2015, the Defendant notified Nonparty C of the termination of the lease agreement on the ground that the payment of rent was not made more than twice prior to June 6, 2015.
Meanwhile, the Plaintiff lent KRW 23 million to Nonparty C from March 2013 to April, 201, and C transferred to the Plaintiff the right to refund the lease deposit amount of KRW 30 million under the above lease agreement and notified the Defendant of the above assignment of claim around that time.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, purport of whole pleadings
2. According to the facts of the above recognition, the instant lease was terminated.
As such, the defendant is obligated to pay 23 million won to the plaintiff, the transferee of the right to lease deposit, within the scope of the right to return the lease deposit, as requested by the plaintiff, at the same time as the delivery of the building portion of this case from the non-party C to its original state.
3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.