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(영문) 광주지방법원 2014.11.19 2014가단27680

건물명도

Text

1. Defendant A shall deliver to the Korea Land and Housing Corporation the real estate listed in the separate sheet.

2. Defendant.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of Gap evidence Nos. 1, 2, 4, 5, 6, and Gap evidence Nos. 3-1, 3-2, and the whole purport of the pleadings:

On October 28, 2010, Defendant A leased real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) from the Defendant Korea Land and Housing Corporation (hereinafter referred to as “instant real estate”) a deposit of KRW 36,700,000, the occupancy designation period from May 1, 201 to May 30, 201; and the lease period of KRW 2 years from the occupancy date of the lease period;

(hereinafter “instant lease agreement”). B.

On April 27, 2011, Defendant A prepared a letter of performance to the Plaintiff that “When the Plaintiff is unable to pay the principal and interest of the loan by the due date (or the due date for the loss of the interest of the lease), the Plaintiff will terminate the lease contract entered into with the Korea Land and Housing Corporation and deliver the building to the Plaintiff or the Plaintiff immediately after the termination of the lease contract entered into with the Defendant Korea Land and Housing Corporation.”

On June 10, 2011, Defendant A notified Defendant Korea Land and Housing Corporation of the purport of the assignment of claims by content-certified mail, and the above notification reached Defendant Korea Land and Housing Corporation at that time.

C. On June 10, 2013, the Defendants: (a) extended the instant lease agreement with a deposit of KRW 38,461,00; (b) KRW 262,00 per month; and (c) the period from July 1, 2013 to June 30, 2015.

2. According to the above recognition, the instant lease agreement is deemed to have expired on November 30, 201. As such, Defendant A is obligated to deliver the instant real estate to the Defendant Korea Land and Housing Corporation, a lessor, and the Defendant Korea Land and Housing Corporation, as requested by the Plaintiff.