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1. Defendant C shall deliver to Defendant D a building indicating the indication of the attached real estate.
2. Defendant D is from Defendant C.
Reasons
1. Determination as to the claim against Defendant C
(a) Indication of claims: To be as shown in the reasons for the claims;
(b) Judgment by publication: Article 208 (3) 3 of the Civil Procedure Act;
2. The facts in the separate sheet of claim as to the determination of the claim against Defendant D do not conflict between the parties, or can be acknowledged by considering the whole purport of the pleadings as a whole as stated in the evidence No. 1 (including each number), No. 1 (including each number), and No. 1.
According to this, Defendant D, as a lessor of a building indicated in the attached Form (hereinafter “instant building”), is obligated to deliver the instant building from Defendant C to the Plaintiff who acquired the lease deposit claim amounting to KRW 9 million, as the lessor of the instant building, barring special circumstances.
However, from November 2018 to June 2020, Defendant C did not pay the aggregate of KRW 9 million ( KRW 450,000 per month x 20 months) of the amount of the rent or the amount of unjust enrichment equivalent to the rent from November 2018 to June 2020, and since the water rate of KRW 1,440,00 is not paid, Defendant C remains 9,560,00 ( KRW 20 million - 9 million - 1,440,00) if it is deducted from the lease deposit.
Furthermore, Defendant D asserts that the sum of the repair costs of boiler 6,50,000 won (=650,000 won + 1,50,000 won + 3.5 million won + 1,500,000 won + 1,80,000 won for remote area costs) due to the boiler malfunction, etc. should be deducted from the lease deposit.
However, the Defendant C should bear the repair costs due to the malfunction of boilers only with the descriptions or images of the evidence Nos. 1 and 2.
It is insufficient to recognize the fact that the amount reaches 6050,000 won, and there is no other evidence to acknowledge it, and the above assertion is not accepted.
Meanwhile, since the Plaintiff acquired the lease deposit claim as to the instant building in KRW 9 million at the same time as Co., Ltd. E, Defendant D must pay to the Plaintiff KRW 4.78,00 (=9560,000 x 1/2) equivalent to half of the remainder of the lease deposit.
Therefore, it is true.