건물명도 및 양수금
1. Defendant C shall deliver the building listed in attached Form 1 to the Korea Land and Housing Corporation.
2. Defendant.
1. Claim against Defendant C
(a) Indication of claims: To be as shown in Appendix 2;
(b) Applicable provisions of Acts: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);
2. Demand against the defendant Korea Land and Housing Corporation;
A. 1) Defendant C is the Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) on September 19, 2016.
) Buildings listed in the attached Form 1 and the attached Form 1 (hereinafter “instant apartment”).
(3) As to the term of lease deposit, the term of lease contract prescribed from September 1, 2016 to August 31, 2018 (hereinafter “instant lease contract”) is 29,032,00 won, rent KRW 252,980 per month, and lease term (hereinafter “instant lease contract”).
(2) On October 21, 2016, the Plaintiff: (a) concluded a lease deposit with the Defendant Corporation; and (b) determined and lent KRW 29,000,000 to Defendant C at the interest rate of 14.5% per annum; (c) 25% per annum; and (d) October 21, 2018.
3) On September 29, 2016, Defendant C transferred to the Plaintiff the claim for refund of KRW 29,032,000 of the lease deposit under the instant lease agreement to secure the Plaintiff’s obligation for the said loan. On the same day, the Plaintiff was delegated by Defendant C with the authority to notify the assignment of the claim and notified the Defendant of the said transfer to the Defendant Corporation, and the said notification reached the Defendant Corporation at that time, and thereafter Defendant C lost its benefit by delaying the repayment of the said loan.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-6, the purport of the whole pleadings
B. The security deposit received in the lease of one real estate guarantees all the lessee’s obligations arising out of the lease, such as rent and damage liability arising out of the loss, damage, etc. of the object. The amount equivalent to the secured obligation is naturally deducted from the security deposit without any separate declaration of intention, unless any special circumstance exists to the effect that the object is returned after the termination of the lease relationship. The claim for the refund of the security deposit was transferred.
(b)if any;