beta
(영문) 광주지방법원 순천지원 2018.01.16 2017가단5727

건물인도등

Text

1. Defendant A shall deliver to the Dongdong Housing Co., Ltd. the real estate listed in the separate sheet.

2. The defendant corporation.

Reasons

1. Claim against the defendant A;

A. On January 19, 2016, the Plaintiff loaned KRW 50,000,00 to Defendant A, and on January 6, 2016, Defendant A received from Defendant A a deposit return claim (71,400,000) that Defendant A owns against Dongdong Housing Co., Ltd. (hereinafter “Defendant Company”), and the said notice of assignment of claims reached the Defendant Company.

On January 19, 2016, Defendant A entered into a lease agreement with Defendant Company by setting the lease deposit of KRW 71,40,000 and the lease term of KRW 71,40,000 from January 19, 2016 to January 18, 2017. The said lease agreement terminated on January 18, 2017.

Therefore, the defendant A has a duty to deliver the above real estate to the defendant company upon the subrogation claim to preserve the claim against the defendant company.

(b) Applicable provisions of Acts: Article 208 (3) 3 of the Civil Procedure Act;

2. On January 19, 2016, the Plaintiff loaned KRW 50,000,00 to Defendant A on or around January 19, 2016. The Defendant A received a lease deposit claim against Defendant A on or around January 6, 2016. The notification of the transfer of the right to lease was reached at that time by the Defendant Company; the Defendant A entered into a lease agreement with the Defendant Company on January 19, 2016, regarding the real estate listed in the attached list with the Defendant Company, with the term from January 19, 2016 to January 18, 2017. Since the said lease agreement expired due to the expiration of January 18, 2017, the Defendant Company did not conflict between the parties, and thus, the Defendant Company did not have the obligation to pay the lease deposit to the Plaintiff at the same time as the attached list and the lease deposit, 71,400, and 700, and 300, from all other claims and management expenses incurred between the Defendants.

3. Conclusion, the Plaintiff’s Defendants.