logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.05.16 2018가단5239809
양수금
Text

1. Defendant C shall deliver the real estate listed in the separate sheet to Defendant Busan Urban Corporation.

2. The defendant Busan Urban Corporation;

Reasons

1. Facts of recognition;

A. On July 31, 2015, Defendant C entered into a lease agreement with Defendant Busan Urban Corporation (hereinafter “Defendant Corporation”) for the lease deposit of KRW 50,000,000, monthly rent of KRW 335,000, and from September 1, 2015 to August 31, 2017 (hereinafter “instant lease agreement”).

B. On October 15, 2015, Defendant C transferred to the Plaintiff a claim for return of KRW 50,000,000 of the lease deposit under the instant lease agreement to secure the Plaintiff’s obligation to borrow loans, and on the same day, notified the Defendant Corporation of the assignment of the said claim, and the said notification reached the Defendant Corporation on October 16, 2015.

C. Defendant C was unable to repay the Plaintiff’s debt to the Plaintiff even after the maturity date.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 8 (including each number in the case with a satisfy number), the purport of whole pleadings

2. Determination

A. Judgment on Defendant C by public notice (Article 208(3)3 of the Civil Procedure Act)

B. According to the facts of the above recognition as to the Defendant Corporation, the Defendant Corporation is obligated to pay the Plaintiff the amount calculated by deducting all claims, such as overdue rent, management fee, etc., which the Defendant Corporation had against the Defendant C under the instant lease agreement, from KRW 50,000,00,000, at the same time, to transfer the instant real estate from the Defendant C upon the termination of the instant lease agreement, to the Plaintiff who acquired the claim for refund of deposit under the instant lease agreement

3. The plaintiff's claim against the defendants is accepted in its reasoning, and it is so decided as per Disposition.

arrow