(영문) 서울남부지방법원 2016.01.15 2015가단42715

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(영문) 서울남부지방법원 2016.01.15 2015가단42715

양수금 등

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1. The defendant shall deliver to the non-party Korea Land and Housing Corporation the real estate stated in the attached list.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. On July 14, 2009, Nonparty B entered into a lease agreement with the Korea Land and Housing Corporation (hereinafter “Nonindicted Corporation”) and the real estate listed in the separate sheet (hereinafter “the apartment of this case”) on a deposit of KRW 24,732,00, monthly rent of KRW 198,00, and the last day of the month following the end of the period designated for the occupancy of the lease term (hereinafter “the instant lease agreement”).

B. On September 2, 2010, B received a loan of KRW 12 million from the Jeonju Mutual Savings Bank, and entered into a contract on the transfer of the lease deposit to the said Savings Bank as collateral, and notified the Nonparty Corporation of the assignment of the credit. In the event that the principal and interest of the loan is not repaid by the due date or the due date for the payment, B issued a letter of commitment to deliver the instant apartment to the said Savings Bank immediately even within the due date for the payment or the due date for the payment.

C. On September 5, 2011, a former main mutual savings bank, which was under business management, was subject to a decision of transfer of contracts by the Financial Supervisory Commission, and the status of creditors against B and Nonparty Corporation was succeeded to the Plaintiff.

B did not pay interest, thereby losing the benefit of time on July 31, 2012. The Plaintiff filed a claim against B for the acquisition of the instant apartment on April 26, 2013 with the Incheon District Court 2013da202761, which was handed over to the Non-Party Corporation, and subsequently delivered the instant apartment on April 29, 2015. However, the Defendant concluded a sub-lease contract with B and did not execute the instant housing because it occupied and used the instant housing.

[Grounds for recognition] Evidence Nos. 1 through 9, the purport of the whole pleadings

2. The above-mentioned basic facts and the apartment of this case include the transfer, sale, gift, and all other acts resulting from the change of a right to lease to another person, except in the case of a public rental apartment with the consent of the non-party construction who is a rental business operator.

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