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(영문) 수원지방법원 2020.02.04 2019가단23530

건물인도 등

Text

1. Defendant C shall deliver to the Korea Land and Housing Corporation the real estate listed in the attached list.

2. Defendant.

Reasons

1. Facts of recognition;

A. On September 23, 2011, Defendant C leased real estate listed in the separate sheet from the Defendant Korea Land and Housing Corporation (hereinafter “instant real estate”) by the term of KRW 17,790,000 per deposit, KRW 181,00 per rent, and the term of lease as of September 30, 2013. The period thereafter is renewed, and is still residing until now.

B. On December 6, 2012, Defendant C transferred to the Plaintiff the refund claim amounting to KRW 17,790,000,000 as above, and notified the transfer of claims to the Korea Land and Housing Corporation, and as security, received loans from the Plaintiff KRW 8 million on the same day and KRW 6 million on August 29, 2013, respectively.

C. Defendant C did not pay interest on each of the above loans and lost the benefit of time on August 2019.

[Ground of recognition] Defendant C: Each entry in Gap evidence Nos. 1 through 8, the whole purport of pleadings, and the defendant Korea Land and Housing Corporation: The fact that there is no dispute

2. According to the above facts of recognition, Defendant C is obligated to deliver the instant real estate to the Defendant Korea Land and Housing Corporation, and the Defendant Korea Land and Housing Corporation is obligated to pay the Plaintiff the remainder after deducting all the money related to the lease agreement, such as rent and management expenses, incurred until the delivery of the said real estate, from KRW 17,790,000, to the Plaintiff.

3. If so, the plaintiff's claim is reasonable, and all of them are accepted.