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(영문) 전주지방법원군산지원 2016.02.25 2015가단53228

건물명도

Text

1. The defendant shall deliver buildings listed in the attached real estate list to the Korea Land and Housing Corporation.

2. The costs of lawsuit shall be.

Reasons

1. Determination as to the cause of claim

A. On May 22, 2003, the Defendant entered into a lease agreement with the Korean Land and Housing Corporation (hereinafter “instant lease agreement”) with a lessor on an apartment as indicated in the attached list (hereinafter “instant apartment”).

Since then, the instant lease contract was renewed on January 21, 2010, and the lease contract was concluded with 17,859,000 won for lease deposit, monthly rent of 171,920 won, and period of lease from December 1, 2008 to November 30, 2010.

B. On January 26, 2010, the Defendant and the Plaintiff entered into a loan contract with a fixed interest rate of 6.8% per annum, overdue interest rate of 18%, and January 26, 2011. The Plaintiff paid KRW 12,400,000 per day to the Defendant in accordance with the above loan contract.

C. On January 22, 2010, the Defendant entered into a contract with the Plaintiff to transfer to the Plaintiff the lease deposit amounting to KRW 17,859,000 with respect to the instant apartment complex owned by the Korea Land and Housing Corporation for the payment of the above loan obligation against the Plaintiff (hereinafter “instant lease deposit repayment claim”).

On January 22, 2012, the Defendant notified the Korea Land and Housing Corporation of the above assignment of claims.

From January 8, 2015, the defendant lost the benefit of the principal and interest of loan due to the overdue payment of interest.

[Ground of recognition] The lease contract of this case between the defendant and the Korea Land and Housing Corporation was terminated on November 30, 2010.

The plaintiff, a transferee of the right to refund the lease deposit of this case, can seek the delivery of the apartment of this case against the defendant by subrogation, who is the lessor.

Therefore, the defendant is obligated to deliver the apartment of this case to the Korea Land and Housing Corporation.

2. Judgment on the defendant's assertion

A. The defendant's summary of the defendant's assertion is the lease deposit.