건물명도 및 양수금
1. The plaintiff's action against the defendant A and B shall be dismissed.
2. The plaintiff's claim against the Korea Land and Housing Corporation.
1. Basic facts
A. Around July 29, 2015, Defendant A entered into a lease agreement with Defendant A to lease the instant building owned by Defendant Corporation with a deposit of KRW 19,861,00, monthly rent of KRW 218,000, which was set as KRW 19,861,00, and monthly rent of KRW 218,00. While moving into the said building, the said lease deposit was changed to KRW 45,861,00, monthly rent of KRW 88,000, and the lease term was set from May 24, 2016 to June 30, 2018.
(hereinafter “instant lease agreement”). B.
Defendant B is residing in the instant building with Defendant A’s children together with Defendant A.
C. From August 2016, Defendant A delayed payment of monthly rent, and Defendant A expressed his/her intention to terminate the instant lease agreement to Defendant A around February 7, 2017.
On August 16, 2016, the Plaintiff loaned KRW 13,700,00 to Defendant A at the maturity of KRW 24% per annum on August 16, 2018 (hereinafter “instant loan”). As security, on August 10, 2016, Defendant A transferred the right to refund the lease deposit under the instant lease agreement with the Defendant Corporation.
On August 10, 2016, the Plaintiff was delegated with the authority to notify the Defendant A of the assignment of claims, and notified the Defendant Corporation of the said assignment of claims with the content certification with a fixed date, and the said assignment of claims reached the Defendant Corporation at that time.
E. However, on June 8, 2016, Defendant A transferred the right to claim the return of total amount of KRW 45,861,000 under the instant lease agreement, which the said Defendant had against the Defendant Corporation, to the Korea Investment Savings Bank (hereinafter “Nonindicted Bank”), and around June 8, 2016, Defendant A notified the Defendant Corporation of the transfer of the said claim with a content certification with a fixed date, and the said notification reached the Defendant Corporation around that time.
Recognizing evidence: Entry and pleading of evidence of No. 1 through 7, and No. 1 through No. 3.