logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원군산지원 2019.06.13 2018가단4784
채권자 대위에 의한 건물인도 및 추심금
Text

1. Defendant B shall deliver to the Korea Land and Housing Corporation the real estate indicated in the attached Form.

2. Defendant.

Reasons

1. Claim against the defendant B

A. The description of the claim is as indicated in the “reasons for Claim” and “a modified cause of Claim” attached to the description of the claim.

''

(b) Article 208 (3) 3 of the Civil Procedure Act of the applicable provisions of Acts;

2. Demand against the defendant Korea Land and Housing Corporation;

A. Facts of recognition 1) Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”)

(2) On April 16, 2010, Defendant B entered into a lease agreement with Defendant B on several occasions with regard to the indicated real estate, and thereafter renewed several times. On December 29, 2016, the lease agreement was concluded between January 1, 2017 and December 31, 2018, with the lease deposit amounting to KRW 20,77,00, and the lease deposit terming to KRW 20,77,000, from January 1, 2017 to December 31, 2018. (2) The Plaintiff requested a notary public to issue a collection order against Defendant B’s claim for the return of the lease deposit (hereinafter “the lease deposit return claim in this case”) against Defendant B’s Defendant Corporation, with the title of execution, and received a seizure order and a collection order against the remainder, excluding the amount eligible for preferential reimbursement pursuant to Article 8 of the Housing Lease Protection Act and the Enforcement Decree of the same Act from among the lease deposit return claims in this case.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3, the purport of the whole pleadings

B. 1) According to Article 8 of the Housing Lease Protection Act and Articles 10(1)4 and 11(4) of the Enforcement Decree of the same Act, among the claims for return of the lease deposit in this case, the deposit that Defendant B is entitled to preferential payment is KRW 17 million. Thus, among the claims for return of the lease deposit in this case, KRW 17 million constitutes the claims for prohibition of seizure under Article 8 of the Housing Lease Protection Act and the Enforcement Decree of the same Act. 2) In the lease of real estate, the deposit that the lessee pays to the lessor is the object of lease termination.

arrow