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(영문) 광주지방법원순천지원 2019.07.18 2019가단955

건물인도 등

Text

1. Defendant E, Defendant D delivers a building listed in the separate sheet to Defendant E, and Defendant C delivers the above building.

Reasons

1. Indication of claim;

A. On October 8, 2015, Defendant D entered into a lease agreement with Defendant E and the building listed in the separate sheet (hereinafter “instant building”) with regard to the lease deposit amounting to KRW 31,450,000, and the term of lease from October 10, 2015 to October 9, 2016 (hereinafter “the lease of this case”), and also with Defendant C, are residing in the said building.

B. On October 16, 2015, the Plaintiff received the instant claim for the refund of the lease deposit against Defendant D Co., Ltd. to Defendant D Co., Ltd. in order to secure the claim for Defendant D’s loans on December 15, 2011, and Defendant D notified Defendant D Co., Ltd. of the said transfer of claims on October 21, 2015.

C. Since the lease contract of this case was terminated, the Plaintiff sought delivery of the building of this case to Defendant D by subrogation of Defendant E, and removal from Defendant C, and at the same time, to Defendant E, the Plaintiff should pay to the Plaintiff the rent, management fee, and all other expenses incurred from the lease contract of this case from KRW 31,450,000 to the above delivery date.

2. Grounds for determination

(a) Defendant C: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

(b) Defendant D: Judgment made by deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

C. Defendant E: Each fact stated in the above claim is without dispute between the parties.

In full view of the foregoing, Defendant E, along with the delivery of the instant building from Defendant D following the termination of the instant lease agreement, is obligated to pay the Plaintiff, the assignee of the instant lease deposit, from KRW 31,450,00 to KRW 31,450,000, the remainder of the rent, management fee, and all other expenses incurred under the instant lease agreement, deducted from the transfer date of the instant building.