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(영문) 수원지방법원 2016.03.31 2015가단122774
건물명도
Text

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 October 12, 2005, Defendant A entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation. At the time, the lessor was the Korea National Housing Corporation, but the Defendant Corporation comprehensively succeeded to the rights and obligations of the Korea National Housing Corporation) to lease the real estate listed in the separate sheet (hereinafter “instant real estate”) by setting the lease deposit amount of KRW 18,50,000, monthly rent, KRW 172,400, and the lease term of November 30, 2007, and paid the lease deposit around that time. The said real estate was handed over.

B. On January 12, 2006, Defendant A transferred to the Plaintiff a claim for refund of KRW 18,500,000 to the instant real estate, notified the Defendant Korea Land and Housing Corporation of the fact of transfer by content-certified mail, and the notification reached the Defendant Corporation around that time.

C. As Defendant A and Defendant Corporation continue to renew the instant lease agreement, currently effective lease term is from December 1, 2013 to November 30, 2015, deposit money KRW 20,404,00, and monthly rent KRW 190,100.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4 (including branch numbers in case of additional number), Eul evidence No. 1, the purport of the whole pleadings

2. Determination

A. According to the facts of the determination as to the claim against Defendant A, the instant lease agreement was terminated on November 30, 2007 with the expiration of the period, and after the lessor and the lessee were notified of the transfer of the right to refund the lease deposit, the effect of the agreement cannot be affected by the transferee of the right to return the deposit, even though there was an explicit or implied agreement between the lessor and the lessee regarding the renewal of the lease agreement or extension of the contract term (see Supreme Court Decision 88Da4253, Apr. 25, 1989). The Defendant A, as the Plaintiff seeks by subrogation of the Defendant, shall undertake the instant real estate against the Defendant Corporation.

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