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(영문) 서울중앙지방법원 2018.04.06 2017가단5167976
건물명도(인도)
Text

1. Defendant A shall deliver to the Korea Land and Housing Corporation the real estate listed in the separate sheet.

2. Defendant.

Reasons

1. Facts of recognition;

A. On August 27, 2015, Defendant A entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) and with regard to the real estate listed in the separate sheet (hereinafter “instant real estate”), with the term of lease deposit of KRW 8.8 million, monthly rent of KRW 149,000, and the term of lease from January 31, 2016 to February 28, 2018.

B. Around February 2, 2016, Defendant A transferred the above claim for the refund of the lease deposit to Defendant A Corporation to MSS Mutual Savings Banks (hereinafter “SS Mutual Savings Banks”). Nonparty A, upon delegation from Defendant A, notified the Defendant Corporation of the said transfer on or around February 2, 2016, and the said notification reached the Defendant Corporation around that time.

C. Around July 31, 2017, Nonparty bank transferred to the Plaintiff the claim for the refund of the above lease deposit against Defendant A’s Defendant Corporation, and the said assignment notification reached Defendant Corporation around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 9 (including additional number), the purport of the whole pleadings

2. According to the facts of the above recognition, since the lease contract of this case was terminated on February 28, 2018, Defendant A, a lessee, is obligated to deliver the real estate of this case to the Defendant Corporation, a lessor, and the Defendant Corporation, simultaneously with the delivery of the real estate of this case from Defendant A to the Plaintiff, a transferee of the above lease deposit claim, and to pay the remaining money after deducting all the claims of Defendant A arising from the lease contract relationship between the Defendants from KRW 8.8 million to the date of the completion of delivery of the said real estate.

3. In conclusion, the plaintiff's claim against the defendants is justified, and all of them are accepted.

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