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(영문) 수원지방법원성남지원 2015.06.10 2014가단226764

건물명도

Text

1. The defendant shall deliver buildings listed in the attached list to the Korea Land and Housing Corporation.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Facts of recognition;

A. On August 29, 2012, the Defendant leased the buildings listed in the separate sheet from the Korea Land and Housing Corporation as KRW 24,624,00, monthly rent, KRW 167,270, and the period from August 29, 2012 to September 30, 2014.

(hereinafter “instant lease agreement”). B.

On September 4, 2012, the Defendant borrowed KRW 19 million from the Plaintiff to secure the above loan obligation, and notified the Plaintiff of the transfer to the Korea Land and Housing Corporation after transferring the claim for refund of the lease deposit under the instant lease agreement. The above transfer notification reached the Korea Land and Housing Corporation around that time.

[Reasons for Recognition] Unsatisfy, Gap 1 to 6 evidence, the purport of the whole pleadings

2. Since the instant lease agreement has expired on September 30, 2014, the Defendant is obligated to deliver buildings listed in the separate sheet, which are leased objects, to the Korea Land and Housing Corporation.

The plaintiff may exercise the right of delivery of the building by subrogation against the defendant of the Korea Land and Housing Corporation in order to preserve the claim for refund of rental deposit against the Korea Land and Housing Corporation.

[This case’s lease agreement was renewed between the Defendant and the Korea Land and Housing Corporation, or the Defendant filed an application for adjudication of bankruptcy and exemption (U.S. District Court Decision 2014Haak 4619, 2014Haak 4619, 4619) cannot be asserted against the Plaintiff, the transferee of the claim for