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(영문) 서울중앙지방법원 2018.05.31 2018가합516591

건물명도(인도)

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1. The defendant shall enter in the annexed list the vice-permanent house, Dongdong Housing Co., Ltd., and Mayoung Land Co., Ltd.

Reasons

1. Indication of claim;

A. On May 26, 2015, the Defendant leased an apartment as indicated in the separate sheet (hereinafter “instant apartment”) from Non-permanent Housing Co., Ltd., Dong-dong Housing Co., Ltd., and Mineto Co., Ltd., Ltd. (hereinafter “the lessor of this case”), with the lease deposit of KRW 350 million, and the lease term of KRW 350 million from May 20, 2015 to May 19, 2017, and thereafter occupied and resided in the instant apartment.

B. On October 2015, the Defendant took out a loan of KRW 315 million from a D non-life insurance company (former time of its change, hereinafter “D non-life insurance company”), and transferred as security the Defendant’s claim to return the lease deposit against the instant apartment as to D non-life insurance. On February 1, 2018, the said claim to return the lease deposit was transferred to the Plaintiff who was transferred the said loan claim from D non-life insurance upon the acquisition of assets between the Plaintiff and D non-life insurance based on the agreement between the Plaintiff and D non-life insurance. At the time of its successive transfer, the Defendant and the lessor were notified of the said claim to the Plaintiff, respectively.

C. Upon the expiration of the above lease term, the above lease contract relationship was terminated, and the plaintiff, the transferee of the right to refund the above lease deposit, seeks to transfer the apartment of this case based on the subrogation right of the creditor, and accordingly, the defendant is obligated to deliver the apartment of this case to the lessor.

2. Judgment with no applicable provisions of Acts (Articles 208 (3) 1 and 257 of the Civil Procedure Act);