(영문) 서울중앙지방법원 2020.06.19 2020가단5095200

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(영문) 서울중앙지방법원 2020.06.19 2020가단5095200

건물인도

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

2. The defendant C&C shall be the defendant.

Reasons

1. Facts of recognition;

A. On June 28, 2010, Defendant E entered into a lease agreement with Defendant C Corporation (hereinafter “Defendant C Corporation”) to lease the real estate listed in the separate sheet (hereinafter “instant real estate”) in the amount of KRW 37.8 million as the lease deposit, and on September 8, 2010, Defendant E entered in the instant real estate and paid the lease deposit, and then renewed the lease agreement on a two-year basis.

B. On January 14, 2013, Defendant E transferred to the Plaintiff the claim for return of the lease deposit under the above lease agreement as security for the Plaintiff’s loan obligation against the Plaintiff, and on the same day, notified Defendant E of the transfer of the claim to the Defendant Corporation.

C. On May 12, 2015, the Plaintiff again loaned a loan of KRW 30 million to Defendant E at 4.5% per annum, interest rate of KRW 18.5% per annum, interest rate of arrears, and date of redemption on August 31, 2016.

Defendant E delays the performance of the above loan obligations, and the Plaintiff claimed to deliver the instant real estate to Defendant E by serving a duplicate of the complaint of this case on behalf of the lessor, in subrogation of the Defendant, the lessor.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to Gap evidence 5, purport of whole pleading

2. According to the above facts, since the above lease contract was renewed after the notice of transfer and transfer of the right to return the lease deposit, the term of the lease contract at the time of the notification of transfer and transfer has expired in relation to the plaintiff, and the plaintiff can seek delivery of the real estate in this case to the defendant E, a lessee, by subrogation of the defendant, a lessor, for the preservation of the right to return the lease deposit. Thus, the defendant E is obligated to deliver the real estate in this case to the defendant Corporation. ② At the same time as the transfer of the real estate in this case from the defendant E, the defendant Corporation is obliged to deliver the real estate in this case to the plaintiff, and at the same time

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