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(영문) 청주지방법원제천지원 2017.09.13 2017가단20575
건물명도(인도)
Text

1. The defendant shall deliver buildings listed in the attached list to the Korea Land and Housing Corporation.

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

Reasons

1. Facts of recognition;

A. On February 14, 2013, the Defendant leased the building indicated in the attached list (hereinafter “instant building”) from the Korea Land and Housing Corporation, with a deposit of KRW 13,624,00, and the lease term of KRW 13,624,00, from February 1, 2013 to January 31, 2015.

B. On March 26, 2014, the Plaintiff received the Defendant’s claim for the refund of lease deposit amounting to KRW 13,624,000 from the Korea Land and Housing Corporation (hereinafter “Korea Land and Housing Corporation”), and the Defendant notified the Korea Land and Housing Corporation of the transfer of claim on the same day.

C. On April 2, 2014, the Plaintiff granted a loan of KRW 10,60,000 to the Defendant as security (hereinafter “instant loan”). On the same day, the Defendant issued to the Plaintiff a letter of performance to the effect that “In the event that the Plaintiff is unable to pay the principal and interest of loan by the due date or the due date for the repayment, the Plaintiff would terminate the lease agreement that the Plaintiff entered into with the lessor with respect to real estate so that the Plaintiff would be able to directly receive the deposit from the lessor even within the due date for the repayment or the due date for the repayment, and immediately order the Plaintiff or the Plaintiff’s person designated.” If necessary, the Plaintiff is dissatisfied with the notification of the termination of the lease agreement

The maturity of the principal of the instant loan came on January 31, 2017.

The defendant has not repaid the principal and interest of the loan of this case until now.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. In order for the Plaintiff to seek reimbursement of deposit against the Korea Land and Housing Corporation transferred by the Defendant, the Defendant, the lessee of the building in this case, must first deliver the building to the Korea Land and Housing Corporation. Therefore, the Plaintiff, in subrogation of the Korea Land and Housing Corporation, to preserve the claim for reimbursement of deposit against the Korea Land and Housing Corporation

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