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(영문) 인천지방법원부천지원 2017.12.08 2017가단103711
건물명도(인도)
Text

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

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

Reasons

1. Facts of recognition;

A. On June 27, 2014, the Defendant concluded a lease contract (hereinafter “instant lease”) with the Korea Land and Housing Corporation (hereinafter “Korea Land and Housing Corporation”) and with respect to the buildings listed in the separate sheet, setting the lease deposit amount of KRW 14,717,00.

Article 11(1) of the instant lease agreement provides that if a lessee terminates a lease agreement halfway, it shall be notified at least one month prior to the scheduled date of termination of the contract.

B. On June 27, 2014, the Plaintiff leased KRW 12,500,000 to the Defendant (hereinafter “instant loan”) on September 30, 2015 (hereinafter “the maturity period is extended to September 30, 2016”). As a security, the Defendant transferred the Defendant’s right to refund the instant lease deposit against Nonparty Corporation.

Accordingly, on June 30, 2014, the defendant notified the non-party Corporation of the assignment of the above assignment, and the above assignment of assignment notice reached the defendant Corporation at that time.

C. At the time of the assignment of claims, the Defendant prepared a letter of performance that the Plaintiff consented to the termination of the instant lease contract by subrogation of the Defendant when the Defendant delayed the repayment of the instant loan to the Plaintiff.

On February 28, 2017, the Plaintiff expressed his/her intention to terminate the instant lease agreement to the Nonparty Corporation by subrogationing the Defendant on the ground that the Defendant delayed the repayment of the instant loan.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 7, Eul evidence 3 and 4, the purport of the whole pleadings

2. The defendant's judgment on the defendant's main defense against the main defense was made to the effect that the lawsuit of this case is unlawful, since the plaintiff agreed to withdraw the lawsuit of this case.

However, there is no evidence to admit the defendant's assertion, so the defendant's main defense is without merit.

3. Determination

A. According to the above facts, the instant lease contract was terminated by the Plaintiff’s declaration of termination around February 28, 2017, and the Defendant, a lessee, was the Nonparty Corporation, the lessor.

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