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(영문) 서울중앙지방법원 2016.08.12 2016가단32856
양수금 등
Text

1. Defendant A shall deliver to the Korea Land and Housing Corporation the real estate listed in the attached list.

2. Defendant.

Reasons

1. Determination on the cause of the claim

A. The following facts are deemed to have been led to the confession by Defendant A pursuant to Article 150(3) of the Civil Procedure Act between the Plaintiff and the Defendant, and the Plaintiff and the Defendant Korea Land & Housing Corporation (hereinafter “Defendant Corporation”) may be acknowledged by comprehensively taking account of the overall purport of the arguments as indicated in subparagraphs 1 through 6.

1) On October 7, 2013, Defendant A’s real estate indicated in the separate sheet from Defendant Corporation (hereinafter “instant real estate”).

) A lease that is set aside between October 18, 2013 and November 30, 2015 (hereinafter “the lease of this case”) 13,83,000 won, monthly 115,280 won, and the period from October 18, 2013 to November 30, 2015.

(2) On October 24, 2013, MS Savings Bank Co., Ltd. loaned 9.6 million won per annum to B on October 24, 2013, 6% per annum and November 30, 2015 on the expiration date of the loan.

3) On October 23, 2011, Defendant A transferred the instant lease deposit repayment claim to the MS Savings Bank as collateral for the said loan debt, and on the same day, notified the Defendant Corporation on the same day. 4) On February 29, 2016, the Plaintiff acquired the instant lease deposit repayment claim from the MS Savings Bank and notified the Defendant Corporation of the said transfer on the same day.

B. In order to claim the return of the deposit of this case against the transferee of the claim for the return of the lease deposit of this case and to claim the return of the deposit to the defendant Corporation, the defendant A's delivery of the real estate of this case must be done in advance. Thus, the plaintiff can seek the delivery of the real estate

(See Supreme Court Decision 88Meu4253, 4260 Decided April 25, 1989. Since the instant lease agreement expired on November 30, 2015, the Defendant A is obligated to deliver the instant real estate to the Defendant Corporation upon the Plaintiff’s subrogation request, and the Defendant Corporation is simultaneously obligated to deliver the instant real estate from the Defendant to the Defendant Corporation.

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