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(영문) 의정부지방법원 2017.06.23 2016가단127992

건물명도

Text

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

2. Defendant.

Reasons

1. Following the facts of recognition are as follows: (a) Defendant A led to confession between the Plaintiff and the Defendant pursuant to Article 150 of the Civil Procedure Act; and (b) the Plaintiff and the Defendant Korea Land and Housing Corporation had no dispute between the parties; or (c) evidence Nos. 1, 3, 4, and 5; and (d) evidence Nos. 2-1 and 2. The purport of the entire pleadings

On July 11, 2008, Defendant A entered into a lease agreement with the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) under which the lease deposit amount of KRW 16 million and monthly rent of KRW 110,000 (hereinafter “instant lease agreement”) was leased from the Defendant Corporation (hereinafter “instant lease agreement”).

B. On May 6, 2010, the Plaintiff entered into a loan transaction agreement between Defendant A and Defendant A, setting the maturity of KRW 12.8 million at the rate of 19% per annum on May 6, 2012.

C. On May 4, 2010, Defendant A transferred to the Plaintiff the claim for refund of the lease deposit amounting to KRW 16 million against Defendant Corporation, and notified the transfer of the claim to Defendant Corporation. The above notification of the transfer of claim reaches Defendant Corporation around that time.

2. The assertion and judgment

A. According to the facts of recognition as to the Plaintiff’s claim, Defendant A is obligated to deliver the leased object of this case to the Defendant Corporation, and the Defendant Corporation is also obligated to pay KRW 16 million to the Plaintiff, the transferee of the right to return the leased object of this case, as well as to deliver the leased object of this case from Defendant A.

B. (1) The defendant corporation asserts that the defendant corporation should deduct the overdue rent, etc. of the defendant A.

(2) The Defendant A paid a total of KRW 5,459,930, including the unpaid rental fee of KRW 859,640, unpaid management fee of KRW 4,115,460, and unpaid urban gas cost of KRW 484,830, and the fact that the overdue rental fee of Defendant A ought to be deducted from the lease deposit is between the parties.