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(영문) 광주지방법원 2015.08.18 2015가단11224

건물명도

Text

1.(a)

Defendant A delivers to Defendant EA a building listed in the separate sheet to Defendant EA;

(b) the defendant.

Reasons

1. Basic facts

A. On October 22, 2008, Defendant A entered into a lease agreement with Defendant EA (hereinafter “Defendant EA”) to lease a building listed in the separate sheet (hereinafter “instant building”) with the lease deposit amounting to KRW 8.55 million, monthly rent of KRW 118,400, and KRW 118,400,00 from the expiration date of occupancy until October 31, 2010 (hereinafter “instant lease agreement”). Around that time, Defendant A occupied the instant building.

B. On May 12, 2010, Defendant A borrowed KRW 5 million from the Plaintiff as interest rate of 6.39% per annum, 22% per annum, and 31 October 31, 2010. As security for the above loan obligations, Defendant A transferred the instant lease deposit repayment claim to the Plaintiff on May 11, 2010, which is the preceding day, and notified the Defendant Corporation of the transfer on the same day, and thereafter, the said assignment of claim was issued to the Defendant Corporation around that time.

C. On October 31, 2012, the Defendants: (a) increased the lease deposit under the instant lease agreement to KRW 8.97 million; (b) monthly rent to KRW 124,300; and (c) renewed the instant lease agreement from October 31, 2012 to October 31, 2014.

From January 2014, Defendant A did not pay the rent. Defendant A expressed his/her intention to terminate the instant lease agreement on the ground that he/she did not pay the rent for at least three consecutive years on September 11, 2014. The said declaration of intention to terminate the lease agreement reached Defendant A at that time.

[Ground of recognition] Facts without dispute, Gap evidence 1-1-4, Gap evidence 2-5, the purport of the whole legal theory

2. According to the facts of the determination as to the claim against Defendant A, the instant lease agreement was terminated by the termination of Defendant Corporation around September 11, 2014, and as such, Defendant A seeks the Plaintiff’s subrogation of the Defendant Corporation for the preservation of the claim against Defendant Corporation’s Defendant Corporation.