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(영문) 광주지방법원 2016.06.15 2016가단368
건물명도 등
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. Judgment on the plaintiff's claim

A. The facts of recognition 1) Defendant A and the Korea Land and Housing Corporation on September 27, 2013, and real estate listed in the separate sheet (hereinafter “instant real estate”).

(2) On September 27, 2013, Defendant A entered into a lease agreement with the terms of lease deposit KRW 22,866,00, monthly rent of KRW 124,120, and the term of lease from October 1, 2013 to September 30, 2015, and paid the above lease deposit to Defendant Korea Land and Housing Corporation. (2) On November 19, 2012, Defendant A obtained a loan of KRW 17,00,000 from the Plaintiff and notified the Plaintiff of the said transfer of the said claim to the Plaintiff on September 27, 2013, Defendant A agreed to terminate the said lease agreement if the said transfer of claim is lost due to a loan obligation.

3) Defendant A forfeited the benefit of time on September 30, 2015 with respect to the above loan obligation. [The fact that there is no dispute over the grounds for recognition, evidence Nos. 1 through 7, and evidence Nos. 1 through 1, 2, and 3, and the purport of the whole pleadings

B. According to the above facts of recognition, since a copy of the complaint of this case stating that the plaintiff shall exercise the right of termination by subrogation of the defendant Gap on January 11, 2016 is terminated by delivery to the defendant Korean Land and Housing Corporation, the defendant Gap is obligated to deliver the real estate of this case to the defendant Korean Land and Housing Corporation upon the plaintiff's exercise of the right by subrogation of the defendant Korean Land and Housing Corporation. The defendant Korean Land and Housing Corporation is also obligated to deliver the real estate of this case to the defendant Korean Land and Housing Corporation upon the plaintiff's exercise of the right by subrogation of the defendant Gap. The defendant Korean Land and Housing Corporation is also obligated to pay to the plaintiff as the transferee of the claim the remainder after deducting all claims of the defendant Korean Land and Housing

2. Conclusion.

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