(영문) 서울중앙지방법원 2017.03.28 2016가단5147906

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(영문) 서울중앙지방법원 2017.03.28 2016가단5147906

건물명도

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1. The defendant shall deliver to SPP the real estate listed in the separate sheet to SPP.

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

Reasons

1. Determination on the cause of the claim

A. Fact 1) On January 27, 2014, the Defendant set the lease deposit amount of KRW 41,400,000, and the end of the second month following the expiration of the designation period of occupancy, including the first occupancy date, from E.I.D., and respectively set the lease period (hereinafter “the lease of this case”).

(2) On February 19, 2014, the Plaintiff: (a) leased KRW 37,200,000 to the Defendant on February 21, 2014; (b) on January 31, 2016, the Plaintiff acquired the claim for return of the lease deposit under the instant lease agreement from the Defendant on February 19, 2014, prior to the conclusion of the said lease agreement, to secure the performance of the said loan claim; and (c) the Defendant notified E.S. Corporation of the said transfer on the same day.

3) The Defendant did not pay interest on the above loan to the Plaintiff, thereby losing the benefit of time. As a result, 2,313,654 won interest and overdue interest were generated from January 4, 2016 to June 21, 2016. [The fact that there is no dispute over the grounds for recognition, entries in Gap evidence 1 through 6, and the purport of the entire pleadings.]

B. According to the above facts, since the lease of this case terminated at the expiration of the lease term, the defendant has a duty to deliver EP to EP the real estate listed in the attached list, which is the leased object, and the plaintiff can exercise the right to claim the delivery of the above real estate against the defendant of EP in order to preserve the claim for the return of the lease deposit against EP acquired from the defendant.

2. Judgment on the defendant's assertion

A. The gist of the assertion is that the Defendant filed an application for individual rehabilitation and received a decision to authorize the individual rehabilitation and the repayment plan from the court. Since the Plaintiff is included in the list of creditors of the above individual rehabilitation procedures, the Plaintiff filed an application to receive the refund of the deposit amount of the instant lease agreement that belongs to the individual

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