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1. Defendant B shall deliver to the Korea Land and Housing Corporation the real estate listed in the separate sheet.
2. Defendant.
Reasons
1. Basic facts
A. On January 26, 2012, Defendant B leased the real estate indicated in the separate sheet (hereinafter “instant real estate”) from the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) at KRW 25,576,000 for a lease deposit, and monthly rent of KRW 185,00 from February 26, 2012 to February 28, 2014.
(hereinafter “instant lease agreement”). B.
On March 16, 2012, Defendant B borrowed KRW 12,00,000 from the Plaintiff as collateral and transferred to Defendant B the full amount of the claim for return of the lease deposit held by Defendant B under the instant lease agreement, and notified Defendant B of the said transfer by mail, and the notification reached Defendant Corporation on March 20, 2012.
C. Defendant B from January 2014 to the Plaintiff.
The interest on the borrowed money stated in the subsection was not paid, thereby losing the benefit of time.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. According to the facts of the above recognition, the instant lease agreement was terminated on February 28, 2014, and after the lessor and the lessee were notified of the transfer of the right to return the lease deposit, even if there was an explicit or implied agreement between the lessor and the lessee with respect to the renewal of the lease deposit or extension of the contract term, the agreement cannot be effective against the assignee of the right to return the lease deposit. Therefore, Defendant B, by exercising the Plaintiff’s subrogation right, is obligated to deliver the instant real estate to the Defendant Corporation, the lessor, and the Defendant Corporation, at the same time, is obligated to pay the Plaintiff the remainder of the amount calculated by deducting all the claims, such as rent, management fee, etc. arising from the transfer of the instant real estate from KRW 25,576,00 to the date of completion of the delivery of the said real estate
The Defendant Corporation;