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(영문) 수원지방법원여주지원 2019.09.24 2019가단2867

건물명도 및 양수금

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

2. Defendant.

Reasons

1. Claim against Defendant C

(a) Indication of claims: To be as shown in Appendix 2;

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

2. Demand against the defendant Korea Land and Housing Corporation;

A. 1) Defendant C is the Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) on May 10, 2015.

) Buildings listed in the attached Form 1 and the attached Form 1 (hereinafter “instant apartment”).

(1) As to the lease deposit (hereinafter “instant lease agreement”), the lease agreement prescribed from May 10, 2016 to June 30, 2018 (hereinafter “instant lease agreement”) is set forth as KRW 11,100,000, monthly rent KRW 91,940, and the lease term from May 10, 2016 to June 30,

(2) On May 10, 2016, Defendant C paid the above lease deposit to Defendant C, and thereafter used the instant apartment after being delivered the instant apartment. (2) On May 18, 2016, the Plaintiff determined and lent KRW 13,300,000 to Defendant C at the interest rate of 12.4% per annum and the due date of repayment on May 8, 2018.

3) On May 18, 2016, Defendant C transferred to the Plaintiff the claim for refund of KRW 11,100,000 of the lease deposit of the instant lease agreement to secure the above loan obligation. On the same day, the Plaintiff was delegated by Defendant C with the authority to notify the transfer of the claim and notified the transfer thereof to Defendant C, and the said notification reached Defendant C Corporation around that time. 4) After that, Defendant C lost its benefit by delaying the repayment of the said loan.

5) The Plaintiff, on behalf of the Defendant C, expressed his/her intention to terminate the instant lease agreement by delivering a duplicate of the instant complaint on behalf of the Defendant C. [The fact that there is no dispute over the grounds for recognition, the entries in the evidence Nos. 1-6, and the purport of

B. In determining one real estate lease, the deposit received is a security for all the obligations of the lessee arising out of the lease, such as rent and damages liability arising out of the loss, damage, etc. of the object, and the amount equivalent to the secured obligation is an amount equivalent to the leased obligation, unless special circumstances exist to the return of the object after the termination of the lease.