(영문) 수원지방법원안산지원 2019.09.04 2019가단4830

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(영문) 수원지방법원안산지원 2019.09.04 2019가단4830

건물명도 등

Text

1. Defendant C shall deliver to the Korea Land and Housing Corporation the real estate listed in the attached list.

2. Defendant.

Reasons

1. Basic facts

A. On January 27, 2010, Defendant C entered into a lease agreement with Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) on the real estate listed in the separate sheet (hereinafter “instant real estate”) as KRW 58,012,00,000 from the date of lease occupancy to March 31, 2012, and KRW 260,310,00 from the date of lease lease.

(hereinafter “instant lease agreement”). B.

On March 2, 2010, Defendant C transferred to the Plaintiff the full amount of KRW 58,012,00,000, which was held by Defendant C under the instant lease agreement, to the Defendant Corporation. The said assignment of claims reached the Defendant Corporation on March 2, 2010.

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

2. According to the above findings of the determination, the instant lease was terminated on March 31, 2012 after the expiration of the period of validity.

As such, (the effect of the agreement may not affect the Plaintiff, the assignee of the right to return the lease deposit, even if there is an implied agreement between the lessor and the lessee on the renewal of the lease deposit or extension of the contract term after the Defendant Corporation was notified of the transfer of the right to return the lease deposit.) The Defendant C is obligated to deliver the instant real estate to the Defendant Corporation, the lessor, and the Defendant C is also obligated to pay from the Defendant C the remainder of the amount calculated by deducting the amount of the rent, management fee, etc. incurred until the delivery date of the instant real estate by the Plaintiff, at the same time as the transfer of the instant real estate from the Plaintiff from the Plaintiff to the Plaintiff. The Plaintiff, the obligee of the Defendant Corporation, can seek the performance of the duty to deliver the said real estate

3. If so, each claim against the Defendants against the Plaintiff is justified, and it is so decided as per Disposition.

유사 판례

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