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(영문) 부산지방법원 2016.07.12 2016가단305255

건물명도

Text

1. Defendant B 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 December 31, 2015, Defendant B, who entered into a lease agreement, leased the real estate (hereinafter “instant real estate”) indicated in the separate sheet from the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”), with a deposit of KRW 40 million, and subsequently renewed the said lease agreement with the Defendant Corporation and the instant real estate with a deposit of KRW 40 million, monthly rent of KRW 384,00, and the lease period from January 1, 2016 to December 31, 2017.

B. In the case of loans rendered by the Plaintiff against Defendant B, etc., this Court held on October 8, 2009 that “Defendant B, etc. shall pay to each of the Plaintiff 30 million won and 24% interest per annum from March 18, 2006 to the date of full payment” (hereinafter “instant judgment”).

(2) On May 4, 2015, this Court rendered a seizure and assignment order (hereinafter “instant assignment order”) against the amount of KRW 95,500,000,000, out of the lease deposit against the instant real estate held by Defendant B against the Defendant Corporation, and the instant assignment order was served on May 11, 2015 on the Defendant Corporation and became final and conclusive on May 23, 2015.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, and 5 (including virtual numbers), the purport of the whole pleadings

2. Determination

A. When an assignment order against Defendant B becomes final and conclusive, the seized claim shall be naturally transferred to the obligee within the scope of the execution claim retrospectively from the time when it was served on the garnishee, and simultaneously take effect of the extinction of the execution claim. This point shall be the existence and scope of the seized claim.