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(영문) 서울중앙지방법원 2018.05.24 2017가단5235862
건물명도(인도)
Text

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

2. Defendant.

Reasons

1. Facts of recognition;

A. On July 22, 2015, Defendant A entered into a lease agreement with the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) on the real estate listed in the attached list owned by the Defendant Corporation with the terms of two years, lease deposit amount of KRW 20.261,00 (basic KRW 11,261,000,000), monthly rent of KRW 238,200 (basic KRW 149,100,09,100).

B. Defendant A borrowed KRW 16,00,000 as rental apartment loans from Nonparty DB Insurance Co., Ltd. (hereinafter “Nonindicted Bank”), and transferred the above lease deposit repayment claim to Nonparty bank, and notified Defendant Korea Land and Housing Corporation of the said assignment of claim on January 17, 2017.

Defendant A agreed that if the due date is due at the time of the above loan transaction agreement or if the benefit of the due date is lost even before the due date, the non-party bank may receive the deposit for lease and appropriate it to pay the principal and interest of the loan even if it is within the term of

C. Defendant A lost the benefit of time because it did not properly repay the above loan claims, and Nonparty A transferred the above loan claims to the Plaintiff on or around December 1, 2017 along with the above lease deposit repayment claim, and the Plaintiff entrusted by Nonparty A bank transferred the above loan claims to the Defendant Corporation, etc. the notification of the assignment of claims was given to the Plaintiff.

On December 06, 2017, the Plaintiff notified Defendant Corporation of the refusal of the extension of the lease term and requested the termination of the lease contract, and the Plaintiff requested Defendant A to pay the principal and interest of the unpaid loan.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 5 evidence (including additional evidence) and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The creditor of the relevant legal doctrine is entitled to exercise the debtor's right on behalf of the debtor in order to preserve the debtor's claim. The creditor's right to preserve and exercise the debtor's right is close.

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