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(영문) 광주지방법원 2016.08.10 2016가단6885
건물명도
Text

1.(a)

Defendant A shall order the Korea Land & Housing Corporation to order the real estate listed in the attached list;

(b) the defendant.

Reasons

1. Basic facts

A. On September 4, 2012, Defendant A entered into a lease agreement with the Korea Land and Housing Corporation for the lease deposit of KRW 26,000,000, monthly rent of KRW 175,000, and the lease term of KRW 24 months from the date of occupancy on December 2, 2012.

B. On December 4, 2012, Nonparty B borrowed the following money from the Plaintiff pursuant to a loan transaction agreement, and as a security therefor, Defendant A transferred on November 30, 2012 all of the lease deposit claims (26,000,000 won) to the Korea Land and Housing Corporation to the Plaintiff, and on the same day, Nonparty B sent the notification of the transfer of lease deposit to the Defendant Korea Land and Housing Corporation, and thereafter, the said notification reached the Defendant Korea Land and Housing Corporation.

(h) Loans previously granted: Interest rate of KRW 20,800,000: 6.9% per annum: Date of expiration of loans by 22% per annum: December 31, 2014

Since then, Defendant A is in arrears with respect to the real estate listed in the attached list until now, and the rent of KRW 1,050,000 (6*175,00) is in arrears for six months.

[Ground of recognition] Evidence A 1 to 4, Evidence B 1, 2 and 3, the purport of the whole pleadings

2. According to the facts of the above recognition, Defendant A is obligated to repay the above loan to the Plaintiff. Since the above lease contract expired, Defendant A is obligated to deliver the real estate stated in the attached list to the Defendant Korea Land and Housing Corporation. The Defendant Korea Land and Housing Corporation is obligated to pay the remainder of the amount calculated by deducting all the bonds (rents, interest rates, taxes and public charges, etc.) held by the Defendant Korea Land and Housing Corporation against the Defendant under a lease agreement between the Defendants from KRW 26,00,00 to the Plaintiff at the same time as the real estate stated in the attached list was delivered from Defendant A to the Plaintiff.

3. In conclusion, the plaintiff's claim against the defendants shall be accepted for all reasons, and it is so decided as per Disposition.

(Defendant A is a judgment by service by public notice)

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