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(영문) 광주지방법원 2015.08.12 2015가단15660

건물명도

Text

1. Defendant A shall deliver to the Korea Land and Housing Corporation the real estate listed in the separate sheet.

2. Defendant.

Reasons

1. Judgment on the plaintiff's claim

A. Facts of recognition 1) Defendant A is the real estate in the case of this case on September 30, 201, as well as the Korea Land and Housing Corporation and the real estate listed in the separate sheet (hereinafter referred to as “instant real estate”).

(2) On October 12, 201, Defendant A transferred the Plaintiff’s right to refund KRW 45,000,000, monthly rent of KRW 338,000, and KRW 300,00 from the date of lease to November 30, 2013, and Defendant Korea Land and Housing Corporation paid the said lease deposit to Defendant Korea Land and Housing Corporation. Defendant A paid the said deposit to the Plaintiff. Defendant A transferred the said right to refund KRW 45,00,000, which the Plaintiff had against Defendant Korea Land and Housing Corporation to receive a loan from the Plaintiff, and notified Defendant Korea Land and Housing Corporation of the said assignment of the said right thereafter.

3) On October 14, 201, the Plaintiff provided loans to Defendant A at an annual interest rate of KRW 38,00,000,000, and KRW 22% per annum. However, since July 13, 2014, Defendant A lost the benefit of time due to failure to pay interest. (4) Defendant A delayed the obligation to pay KRW 3,467,978 in total from September 201 to April 2015. The Plaintiff’s application for additional statement of the cause of the instant claim, on behalf of the Defendant Korea Land and Housing Corporation, which included the Plaintiff’s termination of the lease contract on the ground of the foregoing overdue default, was served on Defendant A on June 3, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, entry of Eul evidence of No. 1 to 1, and purport of whole pleadings

B. According to the above facts of recognition, since the lease agreement between the Defendants has been lawfully terminated by the delivery of an additional application on the ground of claim of this case, Defendant A is obligated to deliver the instant real estate to the Defendant Korea Land and Housing Corporation upon the Plaintiff’s request by subrogation of the rights of the Defendant Korea Land and Housing Corporation. The Defendant Korea Land and Housing Corporation is simultaneously obligated to deliver the instant real estate from the Defendant A