(영문) 서울중앙지방법원 2019.11.15 2019가단5182139

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(영문) 서울중앙지방법원 2019.11.15 2019가단5182139

양수금 등

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1. Defendant B shall deliver to Defendant C the real estate listed in the separate sheet.

2. Defendant C Co., Ltd.

Reasons

1. Facts of recognition;

A. On October 25, 2016, Defendant B leased the real estate listed in the separate sheet (hereinafter “instant real estate”) from Defendant C Co., Ltd. (hereinafter “Defendant Company”) by setting the lease deposit up to KRW 190 million and the lease deposit period up to November 9, 2017. The said lease deposit was paid to the Defendant Company around that time.

Since then, the term of lease was changed to November 9, 2019 due to the renewal of the above lease contract.

B. On October 18, 2016, Defendant B loaned KRW 180,500,000 from D Co., Ltd. (hereinafter “Nonindicted Company”) with the loan, and on the same day, transferred the right to return the lease deposit to the Nonparty Company to pay the above loan, and on October 19, 2016, Defendant B notified the Defendant Company of the assignment of the claim with the fixed date and reached the Defendant Company.

C. Defendant B lost the benefit of time due to the delinquency in the payment of the above loan, and Nonparty Company transferred the right to return the lease deposit to the Plaintiff on July 1, 2019, and on July 10, 2019, Defendant B issued a notice of assignment of the credit with a fixed date to the Defendant Company and reached the Defendant Company.

Defendant B did not deliver the instant real estate, and the Plaintiff filed a claim on behalf of the lessor, on behalf of the Plaintiff, to deliver the instant real estate to Defendant B by serving a duplicate of the complaint.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1 to Gap evidence 6, purport of whole pleadings

2. According to the facts of the above recognition, the above lease contract was terminated at the expiration of the term, and the plaintiff can seek delivery of the real estate in this case to Defendant B, a lessee, on behalf of the lessor, in order to preserve the claim for refund of the lease deposit. Thus, Defendant B is obligated to deliver the real estate in this case to the defendant company, and the defendant company thereafter from the defendant

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