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Reasons
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(영문) 대전지방법원 2015.11.27 2015가단14232
건물명도 등
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1. Defendant A shall deliver to the Korea Land and Housing Corporation the real estate listed in the separate sheet.

2. Defendant.

Reasons

1. Facts of recognition;

A. On November 24, 2010, Defendant Korea Land and Housing Corporation entered into a lease agreement with Defendant A to lease the instant real estate listed in the separate sheet (hereinafter “instant real estate”) from KRW 15,498,00, monthly rent of KRW 139,540, and from December 1, 2010 to November 30, 2012. Defendant A paid the said lease deposit and resides in the instant real estate.

B. On August 8, 2012, the Plaintiff granted a loan of KRW 12,00,000 to Defendant A, and received a refund of KRW 12,00,000 as a security therefor, and the Defendant A received a refund of KRW 12,00,000 from Defendant Korea Land and Housing Corporation on the same day, and the said notification was issued on August 10, 2012.

C. On November 25, 2014, Defendant A renewed the above lease agreement with the Korea Land and Housing Corporation and continuously resides in the instant real estate.

Since January 14, 2015, Defendant A did not pay interest, etc. on the above loans, the above loans lost the benefit of time.

At the time of the closing of the instant case, both overdue interests were paid, but the principal was not paid yet.

[Ground of recognition] Defendant A: A without dispute, each entry of Gap evidence Nos. 1 through 5 (including branch numbers), the purport of the whole pleadings, and the purport of the whole pleadings: The defendant Korea Land and Housing Corporation: The judgment of constructive admission due to the absence of the defendant (Article 208(3)2 of the Civil Procedure Act

2. According to the facts of the above recognition, since the above lease agreement between the Defendants was terminated on November 30, 2012, Defendant A, a lessee, is obligated to deliver the instant real estate to the Defendant Korea Land and Housing Corporation, a lessor. The Defendant Korea Land and Housing Corporation, as sought by the Plaintiff, simultaneously with the delivery of the instant real estate from the Defendant A, at the same time until the date of completion of delivery of the said real estate from KRW 15,498,00 to the Plaintiff.

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