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(영문) 광주지방법원 2016.11.23 2016가단21532
건물명도 등
Text

1. Defendant A shall deliver the real estate listed in the separate sheet to Defendant B’s vice house.

2. The defendant corporation.

Reasons

1. Judgment on the plaintiff's claim

A. The facts of recognition 1) Defendant A’s house and real estate indicated in the separate sheet (hereinafter “instant real estate”) on June 11, 2013, and the real estate indicated in the separate sheet (hereinafter “instant real estate”).

(2) On August 22, 2013, Defendant A entered into a lease agreement with the term of lease deposit KRW 74,00,000, and the term of lease from August 11, 2013 to August 10, 2014, and Defendant Korea Land and Housing Corporation paid the said lease deposit to Defendant Korea Land and Housing Corporation. (2) On August 22, 2013, Defendant A borrowed KRW 51,80,000 from the Plaintiff, and Defendant A transferred the said lease deposit to the Plaintiff and notified Defendant Korea Land and Housing Corporation of the said transfer as a certificate with the fixed date.

3) Defendant A lost the benefit of time on February 22, 2016 with respect to the above loan obligation. [The fact that there is no dispute over the grounds for recognition, Gap evidence No. 1 through 7, Eul evidence No. 1, and Eul evidence No. 1, and the purport of the whole pleadings.

B. According to the above facts of recognition, since the lease between the Defendants expired on August 31, 2014, Defendant A is obligated to deliver the instant real estate to the Defendant Non-permanent Housing upon the Plaintiff’s exercise of the right by subrogation of the Plaintiff’s right to the Non-permanent Housing Co., Ltd., and the Defendant Non-permanent Housing Co., Ltd. is obligated to deliver the instant real estate from Defendant A at the same time as the instant real estate is delivered from Defendant A, and at the same time as the lease deposit owned by Defendant A for Non-permanent Housing Co., Ltd. under the lease agreement between the Defendants, deducted all the claims owed by Defendant Non-permanent Housing Co.

2. In conclusion, the plaintiff's claim against the defendant Lee Young-young, Inc., for the reasons within the scope of the above recognition, is accepted, and the remaining claim is dismissed as it is without merit, and it is so decided as per Disposition with the assent of all participating Justices.

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