건물명도 등
1.(a)
Defendant A shall deliver to the Korea Land and Housing Corporation the real estate listed in the attached list.
(b) the defendant.
1. The Defendant A, on June 18, 2009, paid the lease deposit amount of KRW 11,000,000 between the Defendant Korea Land and Housing Corporation (hereinafter referred to as the “Defendant Corporation”) and the real estate listed in the separate sheet (hereinafter referred to as the “instant real estate”). The Defendant A, on a lease basis, occupies the said real estate.
On the other hand, Defendant A borrowed money from the Plaintiff (payment period: November 13, 2015) and transferred to the Plaintiff the claim to refund the lease deposit amount of KRW 11,00,000 on November 13, 2009 for securing the above loan loan obligation, and notified the Defendant Corporation of the fact of the above transfer on the same day. The notification of the assignment of claims signed and sealed by Defendant A is to terminate the lease relationship after the occurrence of the reasons such as the expiration of the term of the loan. As such, as stipulated in the above letter of assignment of claims, the above lease contract was terminated on the ground that the said letter of assignment of claims became due after the expiration of the term of the lease contract, and the lease contract was terminated on November 30, 2015.
Therefore, Defendant A is obligated to deliver the instant real estate to the Defendant Corporation, and the Defendant Corporation is also obligated to pay the Plaintiff KRW 11,000,000,000, as well as the delivery of the instant real estate from Defendant A.
2. Grounds;
(a) Defendant A: Article 208(3)3 of the Civil Procedure Act (a)
B. Defendant Korea Land and Housing Corporation: There is no dispute over the Plaintiff’s assertion except simultaneous performance claims.