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(영문) 부산지방법원 2015.05.14 2014가단64901

대위건물명도 등

Text

1.(a)

Defendant A delivers to Defendant Korea Land & Housing Corporation the real estate listed in the attached list;

(b) the defendant.

Reasons

1. Facts of recognition;

A. On August 27, 2003, Defendant A leased from Defendant Korea Land and Housing Corporation the real estate listed in the separate sheet (hereinafter “instant real estate”) as the lease deposit amount of KRW 14,061,00 and the lease term of KRW 31, 201 (Renewal of December 11, 2009).

B. On April 11, 201, the Plaintiff loaned KRW 7,000,000 to Defendant A at interest rate of 7.26% per annum, interest rate of 20% per annum, and due date of payment on December 31, 2013.

C. On April 11, 2011, in order to secure the above loan, Defendant A transferred to the Plaintiff the instant claim for the refund of the lease deposit against the Korea Land and Housing Corporation, notified the Defendant Korea Land and Housing Corporation thereof, and notified the notification thereof.

C. Defendant A lost the benefit of time due to delinquency in paying the principal and interest of the loan, and the interest to KRW 1,372,430 until July 14, 2014 is 1,372,430.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 2, the purport of the whole pleadings

2. Determination

A. Judgment by public notice as to the claim against Defendant A (Article 208(3)3 of the Civil Procedure Act)

B. According to the above facts, barring any special circumstance, Defendant Korea Land and Housing Corporation is obligated to pay the Plaintiff who received the claim for the refund of the lease deposit of this case from Defendant A the amount equivalent to the loan and interest in arrears within the scope of the claim for the return of the lease deposit, as requested by the Plaintiff, at the same time, to the Plaintiff who received the claim for the refund of the lease deposit of this case. 2) Meanwhile, the claim for the refund of the lease deposit is a condition subsequent to the lessor’s rescission of the claim, and the notification of transfer is valid

As such, the Defendant Korea Land and Housing Corporation shall not only receive the instant real estate from Defendant A but also pay all the Defendant A’s debts incurred by the date of delivery of the instant real estate amounting to KRW 14,061,00,000.