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(영문) 광주지방법원 2015.10.23 2015나50459
건물명도
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On October 28, 2010, the Defendant leased real estate (hereinafter referred to as “instant real estate”) in attached Form 36,700,000 from the co-defendants of the first instance trial Korea Land and Housing Corporation (hereinafter referred to as the “Korea Land and Housing Corporation”) by setting the deposit amount of KRW 36,70,000, the period of designation of occupancy from May 1, 201 to May 30, 201, and two years from the date of occupancy of the lease term.

(hereinafter “instant lease agreement”). B.

On April 27, 2011, the Defendant prepared a letter of performance to the Plaintiff that, in order to secure the obligation to borrow a loan to the Plaintiff, the Plaintiff transferred all the claim for refund of rental deposit to the Korea Land and Housing Corporation according to the instant lease agreement, and that, if the Plaintiff fails to pay the principal and interest of loan by the due date (or due date) the repayment date (or due date) is not possible, the Plaintiff will terminate the lease agreement entered into with the Korea Land and Housing Corporation with respect to the said real estate so that the Plaintiff may directly return the lease deposit from the Korea Land and Housing Corporation and deliver the building to the Plaintiff

On June 10, 2011, the defendant notified the Korea Land and Housing Corporation of the purport of the assignment of claims by content-certified mail, and the above notification reached the Korea Land and Housing Corporation at that time.

C. On June 10, 2013, the Defendant and the Korea Land and Housing Corporation: (a) renewed the instant lease agreement with a deposit of KRW 38,461,00; (b) KRW 262,00 per month; and (c) the period from July 1, 2013 to June 30, 2015.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 5 (including additional number), the purport of the whole pleadings

2. The assertion and judgment

A. According to the above recognition, the instant lease is deemed to have expired on May 2013, and thus, the lessor is notified of the transfer of the right to return the lease deposit, and the lessor is clearly or clearly required to renew or extend the lease contract between the lessor and the lessee after being notified of the transfer of the right to return the lease deposit.

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