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(영문) 광주지방법원 2016.08.10 2016가단3817

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. Facts of recognition;

A. On May 31, 201, Defendant A received a loan of KRW 12,800,000 from the Plaintiff on December 31, 201 at the rate of 5.5% per annum and 22% per annum of the expiration date of the loan.

B. On February 21, 2014, Defendant A transferred to the Plaintiff the lease deposit claim amounting to KRW 17,572,000, which Defendant A had against the Korea Land and Housing Corporation regarding the real estate listed in the separate sheet (hereinafter “instant real estate”) in order to secure the above loan obligation, and notified the transfer to the Korea Land and Housing Corporation at that time.

C. At the time of filing the instant lawsuit, Defendant A delayed payment for about 17 months for the monthly rent to the Korea Land and Housing Corporation, and Defendant A paid the overdue rent on March 8, 2016 and paid the overdue rent to the Defendant at least twice after renewal of the lease agreement with the Defendant.

[Reasons for Recognition] Uncontentious Facts, Gap 1 to 4 evidence, Eul 1 and 2 evidence, the purport of the whole pleadings

2. On the other hand, the Plaintiff’s application for the change of the cause of the instant claim, which stated that the lease contract is terminated on the ground of the monthly overdue delay in subrogation of the Defendant Korea Land and Housing Corporation in order to preserve the claim for the refund of the lease deposit due to the delayed payment of rent, has reached the Defendant A on May 30, 2016.

The lease contract between the Defendants was lawfully terminated and terminated.

Defendant A is obligated to deliver the instant real estate to the Korea Land and Housing Corporation, and the Defendant Korea Land and Housing Corporation is also obligated to pay the remainder of the amount calculated by deducting all the claims (such as rental fees, management fees, taxes and public charges) held against Defendant A in accordance with the lease agreement from KRW 17,572,00 as requested by the Plaintiff, the assignee of the claim to return the lease deposit, at the same time as the transfer of the instant real estate

The plaintiff's claim of this case is justified.