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(영문) 의정부지방법원 2017.05.18 2016가단29326
건물명도
Text

1. The defendant shall deliver buildings listed in the attached list to the Korea Land and Housing Corporation.

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

Reasons

1. Facts of recognition;

A. On December 20, 2011, the Defendant entered into a lease agreement with the Korea Land and Housing Corporation by setting the lease deposit of KRW 17,816,00, monthly rent of KRW 187,690, and the lease deposit of KRW 30, September 30, 201 with respect to real estate listed in the separate sheet (hereinafter “instant real estate”). At that time, the Defendant paid the said lease deposit to the Korea Land and Housing Corporation.

B. On December 12, 2014, the Defendant changed the lease deposit amount of KRW 19,567,00, KRW 206,130 per month, and KRW 206,130 from October 1, 2014 to September 30, 2016 (hereinafter “instant lease agreement”).

C. On June 20, 2012, the Defendant transferred to the Plaintiff the claim for the refund of the above lease deposit against the Korea Land and Housing Corporation, and the Plaintiff delegated by the Defendant notified the Defendant of the transfer of the above lease deposit by mail on June 25, 2012.

Although the lease term of this case expires, the defendant has not delivered the real estate of this case and has been residing until now.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. According to the above facts of recognition, the instant lease agreement between the Defendant and the Korea Land and Housing Corporation was terminated at the expiration of the term, and the Plaintiff may seek delivery of the instant real estate to the Defendant, who is the lessee, by subrogation of the Korea Land and Housing Corporation, in order to preserve

Therefore, the defendant is obligated to deliver the real estate of this case to the Korea Land and Housing Corporation.

3. In conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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