(영문) 서울중앙지방법원 2015.10.06 2015가합11538

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(영문) 서울중앙지방법원 2015.10.06 2015가합11538

건물명도 등

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1. The Appointed B shall deliver to the Defendant (Appointed Party) the buildings listed in the separate sheet.

2. The defendant (appointed party) shall be the party.

Reasons

1. Facts of recognition;

A. On May 11, 2012, B entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant (Appointed Party; hereinafter “Defendant”) setting the lease deposit amount of KRW 570,00,000, and the lease term of KRW 2 years from July 19, 2012 to July 18, 2014 (hereinafter “instant lease agreement”).

B. On June 30, 2012, the Plaintiff granted a loan of KRW 456,00,000 on July 20, 2014, with the due date set at the rate of KRW 7.6% per annum, and the overdue interest rate of KRW 19% per annum (hereinafter “instant loan”). As a security, the Plaintiff set up a pledge that provides a maximum debt amount of KRW 570,00,000 with respect to the claim for return of the said lease deposit based on the instant lease agreement.

C. On July 4, 2012, the Defendant accepted the establishment of the pledge by a certificate with a fixed date on the condition that the remainder remaining after deducting the amount of damages, etc. from the lease deposit stipulated in the instant lease agreement from the lease deposit to the Plaintiff.

As of July 20, 2014, the principal and interest of this case are KRW 456,00,000 and interest KRW 38,921,289 and KRW 494,921,289.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. According to the above findings of the determination as to the cause of the claim, the instant lease contract terminated on July 18, 2014 as the expiration of the period.

In this case, in order to preserve the claim for the loan of this case against the Appointer B, the Appointer B has the obligation to deliver the building of this case to the Defendant, and the Defendant, at the same time, has the obligation to deliver the building from the Appointer B to the Plaintiff, who is a neighboring pledgee, within the scope of KRW 570,00,00 among the maximum debt amount of the lease deposit within the scope of KRW 494,921,289 and the principal amount of KRW 456,00,000 among them, shall be claimed by the Plaintiff after the due date.

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