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Reasons
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(영문) 서울남부지방법원 2018.10.11 2018가단7805
양수금 및 건물명도
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1. Defendant B shall deliver to Defendant C the real estate listed in the separate sheet.

2. Defendant C is above Defendant B.

Reasons

1. The Plaintiff, as a credit service provider, lent KRW 2 million to Defendant B on May 27, 2015, and KRW 2 million on August 25, 2015.

On May 27, 2015, Defendant B transferred to the Plaintiff all of Defendant B’s claim for the refund of the lease deposit against Defendant C in order to secure the loan obligation, and the assignment of the claim was notified to Defendant C at that time.

The plaintiff did not perform his obligation to the defendant B, thereby making the claim of this case.

As to this, Defendant C asserts that the rent and public charge, etc. unpaid by Defendant B should be deducted.

2. Claim against the defendant B

A. Indication of Claim: The Plaintiff, who acquired the lease deposit claim from Defendant B regarding the real estate listed in the separate sheet against Defendant C (hereinafter “instant real estate”), may, in order to preserve the claim, claim the delivery of the real estate on the ground of the expiration of the lease term as seen in the following 3.

(b) Grounds for recognition: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

3. Claim against Defendant C

A. In fact, on August 31, 2013, Defendant C leased the instant real estate to Defendant B by setting the lease term until September 14, 2015, the lease deposit amount to KRW 20 million, and the rent to KRW 300,000,000.

② The above real estate lease agreement was renewed, and Defendant B continued residing in the instant real estate and was in arrears for 17 months until August 15, 2018.

③ The rent, gas, electricity, and water rates, etc. sealed by August 15, 2018, which are close to the date of closing the argument in the instant case, shall be KRW 5,442,855, while KRW 5,752,855, as of September 15, 2018, shall be KRW 5,752,855.

[Ground of recognition] Facts without dispute, Gap evidence 3, 4, Eul evidence 1, the purport of the whole pleadings

B. The lease agreement between the Defendants is terminated on September 15, 2018, and Defendant C entered into a lease agreement by serving a copy of the complaint in this case.

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