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(영문) 광주지방법원 목포지원 2018.10.02 2018가단2279
건물명도(인도)
Text

1. Defendant A shall deliver to the Korea Land and Housing Corporation the buildings listed in the separate sheet.

2. Defendant.

Reasons

1. Facts of recognition;

A. On December 8, 2010, Defendant A entered into a lease agreement with the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) on a lease deposit amounting to KRW 19 million and monthly rent of KRW 132,00 with respect to the buildings listed in the separate sheet (hereinafter “instant building”) as indicated in the separate sheet (hereinafter “instant lease agreement”), and Defendant A entered into a lease agreement with the Defendant Corporation (hereinafter “instant lease agreement”). Accordingly, Defendant A’s claim for the refund of the lease deposit against Defendant A’s Defendant Corporation is “the claim for the refund of the instant lease deposit.

(B) As from October 14, 201, the instant lease agreement was renewed on a two-year basis from the date of possession to the date of October 26, 201. Meanwhile, the expiration of the last lease term is October 31, 2017. Defendant A borrowed KRW 16 million from the Plaintiff as of October 31, 2017 and transferred the right to return the lease deposit of this case to the Plaintiff as collateral. Defendant A notified the transfer of the instant lease to Defendant Corporation on May 14, 2013. Defendant A reached the Defendant Corporation around that time. [Grounds for recognition] Defendant A: (No dispute over the fact that there is no dispute over the Defendant Corporation under Article 150(3) of the Civil Procedure Act, the statement in subparagraphs 1 through 5, and the purport of the entire pleadings as of the whole.

2. According to the above facts of determination as to the cause of the claim, since the lease contract between the Defendants terminates at the expiration of the period, the Plaintiff’s subrogation right holder who acquired the claim to return the lease deposit of this case is obligated to deliver the building of this case to the Defendant Corporation, and the Defendant Corporation, at the same time, is obliged to pay the Plaintiff the remainder of the money obtained by deducting all the claims held by the Defendant Corporation against the Defendant under the lease contract of this case from the 19 million won to the date the delivery of the building of this case is completed.

3. If so, the Plaintiff’s claim against the Defendants is with merit.

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