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(영문) 광주지방법원 순천지원 2018.09.18 2018가단4400
건물인도 등
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1. Defendant A shall deliver to the Dongdong Housing Co., Ltd. the real estate listed in the separate sheet.

2. The defendant corporation.

Reasons

1. Claim against the defendant A;

A. On December 13, 2010, the Plaintiff borrowed KRW 7,000,000,000 to Defendant A, respectively, on February 28, 2017. On February 23, 2017, the Plaintiff received a claim for return of lease deposit from Defendant A to the Dongdong Housing Co., Ltd. (hereinafter “Defendant Co.”), and the said notice of assignment of claim reaches the Defendant Co., Ltd.

On December 5, 2016, Defendant A entered into a lease agreement with Defendant Company by setting the lease deposit of KRW 45,340,000, and the lease agreement from December 8, 2016 to December 7, 2017. The said lease agreement terminated on December 7, 2017.

Therefore, the defendant A has a duty to deliver the above real estate to the defendant company upon the subrogation claim to preserve the claim against the defendant company.

(b) Applicable provisions of Acts: Article 208 (3) 3 of the Civil Procedure Act;

2. The Plaintiff loaned KRW 27,00,000,00 to the Defendant Company on December 13, 2010, respectively. On February 28, 2017, the Defendant Company acquired the claim for the return of the lease deposit held by the Defendant Company A from the Defendant Company on February 23, 2017. Upon receipt of the notification of the assignment of the said claim, the Defendant Company received the notification of the said assignment of claim. On December 5, 2016, the Defendant Company entered into a lease agreement with the Defendant Company from December 8, 2016 to December 7, 2017, with the period of KRW 45,340,00,000 as to the real estate listed in the separate list with the Defendant Company, and the said lease agreement concluded from December 8, 2016 to December 7, 2017, the said agreement concluded the lease agreement between the Defendant Company and the Defendant Company at the same time after deducting all other claims from the Defendant Company’s lease deposit and all other property.

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