건물명도(인도)
1. Defendant A shall deliver to Defendant Seoul Housing Corporation the real estate listed in the separate sheet.
2. Defendant.
1. Facts of recognition;
A. On November 26, 2014, Defendant A entered into a lease agreement with the Seoul Housing Corporation (hereinafter “Defendant Corporation”) and with respect to the real estate listed in the separate sheet (hereinafter “instant apartment”), with regard to the lease deposit amounting to KRW 110,740,00, and the lease term up to November 30, 2016.
(hereinafter “instant lease agreement”). A around that time, Defendant A paid the deposit and occupied the instant apartment.
B. On August 18, 2015, Defendant A obtained a loan of KRW 95,00,000 from the Eastern Fire & Marine Insurance Co., Ltd. (hereinafter “Nonindicted Company”) and notified the Defendant Corporation of the fact of transferring the instant lease deposit to the Nonparty Company to secure this, and to secure this, Defendant A notified the fact of transferring the instant lease deposit to the Defendant Corporation. The said notification was reached at that time by the Defendant Corporation.
C. At the time, Defendant A drafted a clear performance letter stating that “When the debtor fails to pay the principal and interest of the loan by the due date (or the due date for repayment), even during the lease term, the non-party company may immediately order the non-party company or the person designated by the non-party company to return the lease deposit directly from the lessor, and, if necessary, there is no objection even if the non-party company notifies the lessor of the termination of the lease contract by subrogation of the defendant A.”
As Defendant A delayed payment of interest, etc., the non-party Company transferred the above loan claims and the claim for the refund of lease deposit to the Plaintiff on June 1, 2017, notified the Defendants of the transfer of claims on June 2, 2017, and around that time, the above transfer notification reached the Defendants.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 6 (including branch numbers), and the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition, a lease agreement on the instant real estate between Defendant A and Defendant Corporation is concluded on November 30, 2016.