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(영문) 광주지방법원목포지원 2017.12.20 2017가단2838
건물명도 등
Text

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

2. Defendant.

Reasons

1. The description of the reasons for the claim is as shown in Appendix 2 of the Claim.

In ordinary, in order for a creditor to exercise a debtor's right to preserve his/her own claim, the debtor's insolvency is required. However, in cases where a creditor who has taken over a claim to refund a lease deposit seeks to deliver the claim because the lessee's house delivery needs to be done first in order to claim the performance thereof, it cannot be said that the debtor has no relationship with the preservation of the claim and the existence of the lessor's financial resources (the debtor). In light of the above legal principles, in this case, the insolvency of Defendant Corporation is not required.

2. Applicable provisions;

A. Article 208(3)3 of the Civil Procedure Act against Defendant A

B. Articles 208(3)2 and 150(3) and 150(1) of the Civil Procedure Act with respect to Defendant Corporation (self-consigning judgment)

3. Of the claim against the Defendant Corporation, the Plaintiff is demanding the Defendant Corporation to pay interest in arrears calculated at the rate of 18% per annum with respect to the money stated in the disposition No. 2 from the day following the delivery of the instant building to the day of full payment.

In light of the evidence evidence Nos. 1 through 5, Defendant A entered into a contract with the Defendant Corporation on April 29, 2014, stipulating the building of this case as deposit of KRW 10,480,00, and the period of May 31, 2016 (hereinafter referred to as “the instant lease contract”), respectively, to lease the building from the Defendant Corporation (hereinafter referred to as “the instant lease contract”), and (2) was loaned KRW 8,300,000 from the Plaintiff on May 22, 2014 to the Plaintiff on May 29, 2016, and the interest rate of KRW 18% per annum (hereinafter referred to as “the instant loan”); and (3) on May 26, 2014, the fact that the Plaintiff transferred the deposit deposit under the instant lease contract to the Plaintiff and notified the Defendant Corporation of the transfer of the said right at that time.

In light of the above facts of recognition.

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