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(영문) 광주지방법원 2015.05.13 2015가단3629
채권자대위권에 기한 부동산명도 등
Text

1. Defendant A shall deliver to the Korea Land and Housing Corporation the real estate listed in the attached Form.

2. Defendant.

Reasons

1. The following facts may be acknowledged pursuant to Article 208(3)2 and the main text of Article 150(3) of the Civil Procedure Act between the plaintiff and the defendant. The plaintiff and the defendant Korea Land and Housing Corporation shall not be disputed between the parties, or may be recognized by comprehensively taking into account the respective descriptions and arguments of subparagraphs A, 1, 3, 6, 2, and 4, and 1, 2.

On September 1, 201, Defendant A paid each of the KRW 55,00,00,000 as deposit money, and the period from October 27, 2011 to November 30, 2013 (hereinafter “instant lease agreement”) to Defendant Korea Land and Housing Corporation, as deposit money, KRW 11,00,000,00 as deposit money, and KRW 4,00,00,00 as of September 14, 201.

B. In order to obtain a loan from the Plaintiff, on September 2, 201, Defendant A transferred to the Plaintiff all the claim for refund of the lease deposit amount of KRW 55,00,000, which he/she owns with the Defendant Korea Land and Housing Corporation according to the instant lease agreement, and on the same day, notified the Defendant Korea Land and Housing Corporation of the said transfer by content-certified mail, and the said notification reached the Defendant Korea Land and Housing Corporation

C. On November 26, 2013, the Defendants renewed the instant lease agreement with a deposit of KRW 57,640,00, KRW 443,300 per month, and the period from December 1, 2013 to November 30, 2015.

Article 10(1)4 of the General Terms and Conditions of the Lease Agreement dated November 26, 2013 among the Defendants provides that “if a lessee has failed to pay a rent for at least three months, the lessor may cancel or terminate this contract or refuse to renew the lease contract.”

On January 8, 2014, Defendant A transferred to the Plaintiff all of the claims for refund of lease deposit amounting to KRW 57,640,000, which he/she owns against the Korea Land and Housing Corporation according to the instant lease agreement, and on the same day, Defendant A transferred to the Plaintiff.

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