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(영문) 의정부지방법원 고양지원 2018.12.20 2018가단85385
건물명도(인도)
Text

1. The Defendants shall deliver to the Korea Land and Housing Corporation the real estate listed in the attached list.

2. The costs of lawsuit shall be.

Reasons

1. A claim indication D was loaned KRW 24,100,000 from the Plaintiff on May 16, 2016.

On April 27, 2016, the Plaintiff was transferred the lease deposit amount of KRW 27,650,000 from D to the Korea Land and Housing Corporation in order to secure the above loan obligation.

D On April 27, 2016, it notified the Korea Land and Housing Corporation of the transfer of the above bonds.

D) In the event that the Plaintiff is unable to repay the principal and interest of the loan by the due date (or due date for the loss of the right to repayment), D prepared a clear performance statement stating that “The Plaintiff will terminate the lease agreement that the Plaintiff entered into with the lessor with respect to the said real estate so that the Plaintiff may be directly refunded the lease deposit from the lessor, and immediately order the Plaintiff or the Plaintiff’s designated person to guide the building (if necessary, no objection is raised even if the Plaintiff notifies the lessor of the termination of the lease agreement by subrogation of the Plaintiff).”

D The lease agreement on real estate stated in the attached list between D and the Korea Land and Housing Corporation has expired on April 2018, and D has lost the benefit of time due to the above loan obligation.

D The Defendants died on February 7, 2018, and succeeded to the Deceased.

The plaintiff is acting in subrogation of the right to claim the return of leased object by the Korea Land and Housing Corporation in order to receive the above loan claims.

2. Grounds for description of reasons;

(a) Defendant A and C: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

(b) Defendant B: Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

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