건물인도
1. On August 12, 2019 between the Defendant (Counterclaim Plaintiff) and C, the Plaintiff (Counterclaim Defendant) according to the contract for the transfer of the claim between the Defendant (Counterclaim Plaintiff) and C.
1. Facts of recognition;
A. On March 19, 2018, the Plaintiff entered into a lease agreement with D around March 19, 2018 with regard to the first floor general restaurant 287.245 square meters (hereinafter “the instant building”) among the buildings indicated in the attached Table indicating real estate owned by the Plaintiff (hereinafter “the instant lease agreement”) from March 19, 2018 to November 30, 2021; the lease deposit amount is KRW 80 million (hereinafter “the instant lease deposit”); and the rent is KRW 650,000 per month (hereinafter “the instant lease agreement”). According to the said lease agreement, the Plaintiff may terminate the said lease agreement if D, the lessee, delays in payment for at least three months, or transfers the lease right to another person without the Plaintiff’s consent.
B. D paid the instant lease deposit to the Plaintiff in accordance with the instant lease agreement, and operated a restaurant with the delivery of the instant building from the Plaintiff. On December 2019, D did not pay a rent from the subdivision. Without obtaining the consent of the Plaintiff, D transferred the right of lease to the Defendant and transferred the said building.
(c)
Accordingly, on March 9, 2020, the Plaintiff filed a lawsuit against D for the delivery of a building as the court 2020 Ghana 507460, the Plaintiff terminated the instant lease by serving a copy of the complaint on the Plaintiff. On October 10, 2020, the Defendant sent the instant building to the Plaintiff.
(d)
Han Part C, around April 2018, filed an application with the Gwangju District Court for the attachment and assignment order of the claim against D as to the instant lease deposit deposit deposit claim under 1411, with the payment claim of KRW 80,000,000 for a promissory note against D as an executory claim. On April 3, 2018, the attachment and assignment order of the above contents was issued as of April 3, 2018, and the original decision was served on the Plaintiff on May 18, 2018, and the said decision became final and conclusive on August 30, 2018.
E. After that, C transferred the instant lease deposit claim to the Defendant on August 12, 2019, and through the Defendant, on September 18, 2020, C transferred the said claim to the Plaintiff as above.