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(영문) 대구지방법원 2019.12.20 2019가단10665
건물명도 등
Text

1. Defendant C shall deliver to Defendant D the real estate listed in the separate sheet.

2. The defendant D is set forth in paragraph 1. from the defendant C.

Reasons

1. Basic facts

A. On April 2017, Defendant C entered into a lease agreement with Defendant D and the instant real estate with the term from May 1, 2017 to April 30, 2019, covering KRW 50 million (payment of KRW 20 million on August 20, 2017), monthly rent of KRW 1.3 million, and the term from May 1, 2017 to April 30, 2019.

(hereinafter “instant lease agreement”). B.

On February 7, 2018, Defendant C borrowed KRW 10 million and KRW 15 million from the Plaintiff at each due date on February 7, 2019; the interest rate of KRW 17.9% per annum; and the liquidated damages rate of KRW 25% per annum.

C. Defendant CB

On February 7, 2018, the Plaintiff transferred to the Plaintiff the right to return the lease deposit under the instant lease agreement, in order to secure the obligation of the loans stated in the port.

On February 7, 2018, the Plaintiff received the notification of transfer from Defendant C, and notified Defendant D of the fact of transfer with content certification.

On February 6, 2018, Defendant D consented to the Plaintiff to receive a loan by providing a security for the lease deposit. The lessee would pay to the Plaintiff the amount excluding the delinquent amount if the lessee fails to pay rent, various management expenses, other public expenses, etc. as of the date of preparation. Defendant D prepared a written consent to provide a security for the lease deposit with the content that there was no unpaid rent and management expenses.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including additional numbers), Eul evidence No. 2, the purport of the whole pleadings

2. Claim against Defendant C

(a) Indication of claims: To be as shown in the attached Form;

(b) Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);

3. Claim against Defendant D

A. The security deposit received from a real estate lease, which is determined on the cause of the claim, guarantees all the lessee’s obligations under the lease, such as rent obligations, damage liability due to destruction or damage of an object, etc., and the amount equivalent to the secured obligation shall be from the security deposit without a separate declaration of intention, unless special circumstances exist when the object is returned after the termination of the lease.

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