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(영문) 서울서부지방법원 2016.01.26 2015가단225229

양수금 등 청구의 소

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. Basic facts

A. On May 28, 2014, Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) entered into a lease agreement with Defendant A and the attached list (hereinafter “instant real estate”) with respect to the real estate (hereinafter “instant real estate”), with which the lease deposit is KRW 67,783,00, monthly rent is KRW 304,160, and the lease term is from June 1, 2014 to May 31, 2016 (hereinafter “instant lease agreement”). Defendant A paid the Defendant Corporation KRW 67,783,00 (hereinafter “instant lease deposit”).

B. On June 13, 2014, Defendant A transferred to the Plaintiff the instant claim for the refund of the lease deposit to Defendant A, on the same day, notified Defendant A of the assignment by content-certified mail, and the said notification reached the Defendant Corporation around that time.

C. On June 13, 2014, Defendant A prepared a letter of commitment to deliver the instant real estate to the person designated by the Plaintiff immediately so that the Plaintiff would be able to receive a direct return of the lease deposit if the Plaintiff would lose the benefit of the term even before the lease term expires.

The Defendant A lost the benefit of time by failing to pay the principal and interest of the Plaintiff until the date of closing the argument in this case.

【Defendant A: Confession (the main sentence of Article 150(1) of the Civil Procedure Act)

2. According to the above facts of recognition, Defendant A is obligated to deliver the instant real estate to the Defendant Corporation upon the Plaintiff’s request subrogated by the Defendant Corporation pursuant to the master plan for master plans for master plans for master plans for master plans for master plans for master plans for master plans for master plans for master plans for master plans for master plans for master plans for master plans for master plans for master plans for master plans for master plans for master plans for master plans for master plans for master plans for master plans for master plans for master plans