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(영문) 서울남부지방법원 2018.05.17 2018가단2268

건물명도

Text

1. The defendant shall deliver to the non-party Korea Land and Housing Corporation the real estate stated in the attached list.

2. The costs of lawsuit shall be.

Reasons

1. The Plaintiff seeking a claim is a creditor of a loan (the date of loan: October 30, 2013; the amount of loan: 12,00,000 won: interest rate: 4.3% per annum; 20% per annum; the overdue interest rate: 20% per annum; and the date of expiration of the loan: October 30, 2015) against the Defendant; the term of validity of the loan was changed to 4.5% per annum on October 30, 2017 in accordance with the credit condition change agreement.

On August 22, 2014, the Defendant entered into an existing lease agreement on the building indicated in the attached Form with the Korea Land and Housing Corporation as a deposit of KRW 17,070,000, monthly rent of KRW 141,740, and the period of two years. On October 28, 2013, the Defendant transferred KRW 16,289,000 out of the lease deposit to the Plaintiff and notified the non-party Korea Land and Housing Corporation of the transfer of the right on the day.

The period of the above loan and the lease agreement of the defendant expired, and the plaintiff seeks delivery of the above building against the defendant in subrogation of the non-party Korea Land and Housing Corporation in order to preserve the above claim as the transferee of the above lease deposit.

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);