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(영문) 광주지방법원 2016.04.26 2015가단45418
채권자대위권에 기한 부동산명도 등
Text

1.(a)

Defendant A delivers to Defendant Korea Land & Housing Corporation the real estate listed in the attached list;

(b) the defendant.

Reasons

1. Facts of recognition;

A. On July 25, 2013, Defendant A leased real estate listed in the separate sheet (hereinafter “instant real estate”) from the Defendant Korea Land and Housing Corporation by setting the deposit amount of KRW 33,536,00, monthly rent of KRW 188,110, and the lease term from July 25, 2013 to August 31, 2015 (hereinafter “instant lease contract”), and around that time, Defendant A paid the deposit money to the Korea Land and Housing Corporation, and received the instant real estate from Defendant Korea Land and Housing Corporation.

B. On August 12, 2013, Defendant A prepared a letter of performance to the Plaintiff, stating that “When the Plaintiff is unable to pay the principal and interest of the loan by the due date (or the date of loss of the due date) when transferring all the claim for the refund of the rental deposit, which the Plaintiff had against the Defendant Korea Land and Housing Corporation under the instant lease agreement, the Plaintiff will terminate the lease agreement entered into with the Defendant Korea Land and Housing Corporation and deliver the building to the Plaintiff or the Plaintiff immediately after the termination of the lease agreement entered into with the Defendant Korea Land and Housing Corporation.”

On the same day, Defendant A notified Defendant Korea Land and Housing Corporation of the purport of the assignment of the above assignment by content-certified mail, and the above notification reached Defendant Korea Land and Housing Corporation.

C. Around August 2015, the Defendants renewed the term of the instant lease agreement extended by August 31, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, purport of whole pleadings

2. According to the facts of the above recognition, since the instant lease agreement has expired on August 31, 2015, Defendant A is obligated to deliver the instant real estate to the Korea Land and Housing Corporation at the Plaintiff’s request by subrogation of the Defendant Korea Land and Housing Corporation, and Defendant Korea Land and Housing Corporation has the instant real estate from Defendant A.

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