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(영문) 의정부지방법원 2018.02.01 2017가단109243
건물명도(인도)
Text

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

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

Reasons

Facts of recognition

On February 24, 2015, the Defendant concluded a lease contract with the Korea Land and Housing Corporation (hereinafter referred to as the “Korea Land and Housing Corporation”) for the lease deposit amounting to KRW 17,165,00, monthly rent of KRW 119,140, monthly rent of KRW 119,140, and the lease period from February 1, 2015 to January 31, 2017 (hereinafter referred to as “instant lease contract”).

On April 2, 2013, the Defendant agreed to obtain a loan of KRW 13.9 million from the Plaintiff. On April 3, 2013, the Defendant transferred the right to return the lease deposit under the instant lease agreement to the Plaintiff for the security of the said loan, and notified the Nonparty on the same day, and the Plaintiff loaned KRW 13.9 million to the Defendant on April 5, 2013.

[Ground of recognition] Fact-finding without dispute, Gap evidence Nos. 1 through 6, and the purport of the whole pleadings, but the above fact-finding is established. Since the lease contract of this case terminated on January 31, 2017, the defendant is obligated to deliver the apartment of this case to the non-party Corporation upon the plaintiff's request as a refund creditor of the lease deposit against the non-party Corporation who subrogated to the non-party Corporation.

If so, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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