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(영문) 청주지방법원 2015.05.27 2015가단3174
양수금
Text

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

2. Defendant.

Reasons

1. On September 28, 2010, Defendant A entered into a lease agreement with the Defendant Corporation on the following terms: (a) for two years from December 1, 2012; (b) monthly rent of KRW 148,810; (c) lease deposit of KRW 20,960,000; and (d) on the same terms and conditions as November 27, 2012, Defendant A renewed the said agreement.

On January 7, 2011, Defendant A obtained a loan from the Plaintiff at the rate of 14,00,000,000 as security, interest rate of 4%, and interest rate of arrears rate of 19%.

In relation to the repayment of the above loan, Defendant A entered into a contract on the transfer of the above lease deposit to the Plaintiff, and around December 27, 201, Defendant A notified the transfer to Defendant Corporation and notified the transfer thereof to Defendant Corporation, and the notification was served on Defendant Corporation.

Defendant A paid interest on the loan to the Plaintiff from July 1, 2014.

By March 9, 2015, Defendant A delayed payment of the rent for the Defendant Corporation at least twice, and the aggregate amount of the rent and the management fee in arrears is KRW 2,429,770.

After that, Defendant A does not pay rent.

The Plaintiff notified the Defendant A of the termination of the above lease agreement on the ground of the delinquency in payment of rent in subrogation of the Defendant’s construction through the delivery of the duplicate of the complaint.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. Determination

A. Since the Plaintiff’s judgment on the Defendant A by subrogation of the construction works on behalf of the Defendant, the termination of the above lease agreement was notified to the Defendant A on the grounds of delinquency in rent and the above lease agreement was lawfully terminated, the Defendant A is obligated to deliver the building indicated in the attached Table to

B. If a lessor who made a determination on Defendant Corporation returns a leased building to a lessee simultaneously with the delivery of the leased building, it is sufficient to refund the remainder after deducting the rent, management expenses, etc. incurred until the completion date of delivery from the deposit for lease.

According to the above facts of recognition, the defendant.

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