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(영문) 서울동부지방법원 2019.03.22 2018나23850
양수금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. On February 25, 2013, Defendant C and D leased the real estate listed in the separate sheet (hereinafter “instant real estate”) from Defendant B by setting the lease deposit amount of KRW 132 million and the lease term as of February 24, 2015.

(hereinafter “instant lease agreement”). B.

On September 17, 2013, F prepared a notarial deed on the Plaintiff’s agent and the debtor, F, and jointly and severally liable Defendant C, loan amounting to KRW 78,00,000,000 due on March 31, 2014, and on March 31, 2014. On the same day, Defendant C prepared a written contract for the transfer of the claim that the Plaintiff transfers to the Plaintiff the claim amounting to KRW 66,00,00,000 (hereinafter “instant claim for the return of deposit”). On September 23, 2013, Defendant C was notified of the transfer of the said claim.

C. Defendant C and D currently occupy and use the instant real estate.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 [No dispute exists that the notice of assignment of claims is based on the plaintiff's name's seal, and the authenticity of the whole document is presumed to be established, since it is not a dispute that the seal affixed by the plaintiff's name is based on the plaintiff's seal] and the purport of the whole oral argument

2. According to the facts of the determination as to the cause of the claim, the instant lease agreement was terminated on February 24, 2015, and thus, Defendant C and D are obligated to deliver the instant real estate to Defendant C and D. At the same time, Defendant B, from Defendant C and D to the date of delivery of the instant real estate, deducted all the claims of Defendant C and D, including rent, overdue rent, management fee, etc., which Defendant C and D had with Defendant C and D from the following day to the date of full payment.

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