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(영문) 수원지방법원성남지원 2015.07.03 2015가단205115
건물명도
Text

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

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. On December 26, 2012, the Defendant leased real estate listed in the separate sheet from the Korea Land and Housing Corporation by the period of January 31, 2015, the lease deposit amount of KRW 15,37,00, monthly rent of KRW 128,830, and the lease period of KRW 128,830.

B. On March 8, 2013, the Defendant received a loan of KRW 12 million from the Plaintiff, and on March 6, 2013, the Defendant transferred to the Plaintiff the lease deposit return claim held in the Korea Land and Housing Corporation. On the same day, the Defendant notified the Korea Land and Housing Corporation of the transfer of the claim by content-certified mail.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including a provisional number), the purport of the whole pleadings

2. Comprehensively taking account of the above facts of recognition, the Plaintiff may exercise the right to claim the delivery of real estate stated in the separate sheet against the Defendant of the Korea Land and Housing Corporation, which is the object of lease upon the expiration of the lease period, in order to preserve the above claim.

3. Accordingly, according to the plaintiff's vicarious exercise of right to request the return of leased object, the defendant is obligated to deliver real estate listed in the separate sheet to the Korea Land and Housing Corporation. Thus, the plaintiff's claim of this case is justified, and it is so decided

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