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(영문) 의정부지방법원고양지원 2015.02.12 2014가단22324
건물명도
Text

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

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Facts of recognition;

A. B around October 28, 2008, around August 201, the Korea Land and Housing Corporation set and leased real estate listed in the separate sheet (hereinafter “instant apartment”) from the Korea Land and Housing Corporation as KRW 69,000,000, and KRW 395,000,000 per month.

B. B, around July 29, 201, agreed to obtain a loan of KRW 55,200,000 from the Plaintiff (the date of commencement of the loan) and transferred to the Plaintiff the instant apartment lease claim of KRW 69,000,000, which it has against the Korea Land and Housing Corporation, and notified the Korea Land and Housing Corporation of the transfer of the claim.

C. Since June 2013, the Plaintiff filed a lawsuit against B to deliver the instant real estate to the Korea Land and Housing Corporation in order to exercise the right to refund the instant apartment lease deposit upon delinquency of the said loan. In the foregoing case, the conciliation was concluded on March 11, 2014 that “B delivers the instant real estate to the Korea Land and Housing Corporation by April 30, 2014.”

(Seong District Court 2014ss. 193) d.

The defendant is currently occupying the apartment of this case without title.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, and the purport of the entire argument as to the cause of claim 2. The plaintiff can exercise the right to deliver the apartment house of this case on behalf of the Korea Land and Housing Corporation in order to exercise the right to return the lease deposit of this case. Thus, the defendant is obligated to deliver the apartment house of this case to the Korea Land and Housing Corporation.

3. Conclusion, the plaintiff's claim of this case is justified.

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