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수원지방법원안산지원 2016.03.16 2015가단16767
건물인도
Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

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

3...

Reasons

Facts of recognition

B on October 28, 2009, from the Korea Land and Housing Corporation (hereinafter referred to as the “Korea Land and Housing Corporation”) (hereinafter referred to as the “Korea Land and Housing Corporation”), the real estate listed in the attached list (hereinafter referred to as the “instant apartment”) was leased by setting the deposit amount of KRW 51,00,000, monthly rent of KRW 311,000, the lease period of KRW 31,313, and the lease period of January 31, 2013 (hereinafter referred to as the “instant lease contract”), and the said lease was leased by the Korea Land and Housing Corporation (hereinafter referred to as the “Korea Land and Housing

Around December 21, 2010, MS Mutual Savings Bank (hereinafter “instant loan claim”) granted a loan of KRW 40,800,000 to B with interest rate of KRW 13.5% per annum and due date of repayment on January 31, 2013 (hereinafter “instant loan claim”), and took over the above loan claim (hereinafter “instant loan claim”) which B owns as security to Nonparty Corporation (hereinafter “instant loan claim”), and notified the transfer to Nonparty Corporation on the 24th of the same month upon delegation of authority from B.

After that, around July 13, 201, a new credit information company acquired the instant loan claim and the instant security deposit refund claim from MSS Mutual Savings Bank, and notified the non-party corporation upon delegation of authority.

On October 28, 2011, the Plaintiff acquired the instant loan claim and the instant deposit refund claim from a new credit information company, and notified the transfer to Nonparty Corporation upon delegation of authority.

The defendant is currently residing in the apartment house of this case as the kind B.

[Ground of recognition] A. 1 through 8, and the facts of recognition as to the ground of claim for judgment as to the whole purport of the pleading are as follows: (a) the lease contract of this case was terminated on January 31, 2013, and the contract of this case was terminated on January 31, 2013, and as B or the defendant does not have the right to possess the apartment of this case; (b) the non-party corporation has the right to claim the delivery of the apartment of this case to the defendant on the basis of ownership; and (c)