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(영문) 서울북부지방법원 2019.03.22 2018가단144493

양수금

Text

1. Defendant B shall deliver Defendant C with Down-gu Seoul Central Government Library No. 1 E.

2. Defendant C is the preceding paragraph from Defendant B.

Reasons

1. On August 28, 2017, the Plaintiff indicated the claim is a creditor who entered into a contract with Defendant B on the transfer and takeover of the claim for the repayment of the lease deposit to the said Defendant and carried out the loan to the said Defendant.

The plaintiff, as the representative transferee, received legitimate delegation and notified the lessor C of the return of the above lease deposit on April 13, 2018.

On the other hand, on September 14, 2016, Defendant B leased the real estate listed in the order No. 1 from Defendant C as KRW 10,000 and KRW 24 months for the term of the lease. Although the lease was lawfully terminated on September 13, 2018 due to the expiration of the term of the lease, Defendant C did not perform its obligation to transfer the object, as it did not perform its obligation to the Plaintiff, and did not actively urge Defendant B to fulfill its obligation to transfer the object.

The plaintiff seeks to deliver the real estate stated in Paragraph (1) of this Article, which is possessed by the defendant C, in subrogation of the defendant C, based on the legal principle of subrogation right of the creditor's subrogation right of Article 404 of the Civil Code, to the defendant C, as well as to deliver the above real estate from the defendant C to the defendant C, and at the same time, the plaintiff is entitled to claim payment of the above transfer amount (lease deposit) to the plaintiff at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the date of delivery

2. Judgment with no basis for recognition (Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act);

3. The Plaintiff partially dismissed the part against Defendant C claimed against Defendant C for the payment of damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the day after the delivery of the above real estate to the day of full payment.

However, the defendant who is the lessor under the condition that the lease building in the simultaneous performance relationship is not delivered.