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(영문) 부산지방법원 2019.07.16 2019가단300213
건물명도(인도)
Text

1. Defendant C shall deliver to the Korea Land and Housing Corporation the real estate listed in the separate sheet.

2. Defendant.

Reasons

1. Determination as to the claim against Defendant C

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);

2. The facts in the separate sheet regarding the claim against the Defendant Korea Land and Housing Corporation do not conflict between the parties, or can be acknowledged by adding the whole purport of the pleadings to the entries in the evidence Nos. 1 through 9. Thus, barring any special circumstance, the Defendant Korea Land and Housing Corporation is obliged to pay KRW 64,00,000 to the Plaintiff, the transferee of the lease deposit.

In this regard, the defendant Korea Land and Housing Corporation asserts that it is obligated to pay the remainder after deducting the credit such as rent from the lease deposit.

Since the lease deposit is secured by the lessor’s all claims against the lessee in relation to the lease until the lessee returns the leased object, the Defendant Korea Land and Housing Corporation is at the same time obligated to pay the Plaintiff the remainder of the lease deposit after deducting all the claims, such as rent, management fee, and restitution cost, which the Defendant Korea Land and Housing Corporation has against the Defendant C, the heir of E, who is the original lessee, according to the lease agreement on the real estate from 64,004,00 won to 64,000 won of the lease deposit, until the date when the said real estate is delivered to the Plaintiff. Therefore,

3. As such, the plaintiff's claim against the defendant C is justified, and the plaintiff's claim against the defendant Korea Land and Housing Corporation is accepted within the scope of the above recognition, and the remaining claim against the defendant Korea Land and Housing Corporation is dismissed as it is without merit. It is so decided as per Disposition.

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