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(영문) 부산지방법원 2020.05.13 2019가합52696

건물인도

Text

1. Defendant A shall deliver to Defendant B the real estate listed in the attached Table 1 list.

2. Defendant B is from Defendant A.

Reasons

1. Determination as to the claim against Defendant A

(a) Description of claims: as shown in Appendix 2;

(b) Applicable provisions of Acts: Judgment by deemed confession (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);

2. Determination as to the claim against the defendant B

A. 1) The Plaintiff is a construction corporation established pursuant to Housing and Urban Fund Act to conduct various guarantee business for the enhancement of housing welfare of the citizens. Defendant B is the Busan Young-gu C apartment and D (hereinafter “instant building”).

(2) On September 25, 2017, Defendant A entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant A as the owner and lessor of the instant building, setting the lease deposit amount to KRW 400,000,000, and the lease term as from October 24, 2017 to October 23, 2019 (hereinafter “the lease agreement”). On the same day, Defendant A received KRW 40,000,000 from Defendant A for the remainder of the lease deposit amount to KRW 360,00,000 from Defendant A on October 24, 2017, and thereafter delivered the instant building to Defendant A.

Defendant A obtained a fixed date as to the instant lease agreement on September 29, 2017.

3) Meanwhile, on September 24, 2017, Defendant A entered into an agreement between the Plaintiff and Defendant B on guarantee of the obligation to return the loans from Defendant A’s financial institution and the obligation to return the lease deposit. On October 26, 2016, Defendant A sent to the Plaintiff a notice of assignment of the lease deposit amount of KRW 400,000,000 to Defendant B by content certification, and the said notice reached Defendant B on October 18 of the same year. 4) The Plaintiff reached the guarantee period at the E BankF branch on October 24, 2017 pursuant to the said agreement. < Amended by Presidential Decree No. 2813, Oct. 24, 2017; Presidential Decree No. 28445, Oct. 24, 2017>