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(영문) 수원지방법원 여주지원 2018.10.10 2018가단499
건물명도 및 양수금
Text

1. Defendant A shall deliver to the Korea Land and Housing Corporation the buildings listed in the attached list.

2. Defendant.

Reasons

1. Facts recognized;

A. On July 1, 2013, Defendant A leased (hereinafter referred to as the “Lease”) buildings listed in the separate sheet from Defendant Korea Land and Housing Corporation (hereinafter referred to as the “Defendant Corporation”) by setting the deposit amount of KRW 24,942,00, monthly rent of KRW 177,10, and the lease term of KRW 17,10 from July 1, 2013 to June 30, 2015.

B. On March 10, 2015, the Plaintiff leased KRW 29,800,00 to Defendant A at the maturity of KRW 13% per annum on March 10, 2017 (hereinafter “the instant loan”). As a security, on March 10, 2015, the Plaintiff acquired from Defendant A the right to return the lease deposit under the instant lease that the said Defendant had against the Defendant Corporation.

C. Defendant A prepared a letter of commitment to the effect that, in the event that the Plaintiff is unable to repay the principal and interest of the instant building by the due date (or due date of loss of interest) to the Plaintiff, the Plaintiff may directly refund the lease deposit from the Defendant Corporation upon the termination of the lease agreement that the Defendant A entered into with the Defendant Corporation, the said building shall be immediately handed over to the Defendant Corporation, and the Plaintiff shall not raise any objection even if the Plaintiff notified the Defendant Corporation of the refusal to renew the lease agreement on behalf of the Defendant on behalf of the Defendant

On March 10, 2015, the Plaintiff was delegated with the authority to notify the Defendant of the assignment of claims and notified the Defendant of the assignment of claims to the Defendant Corporation. The notification of the assignment of claims reached the Defendant Corporation at that time, and the Defendant A was unable to pay the principal and interest by the due date

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. According to the above recognition of the cause of the claim, the lease of this case was terminated upon the expiration of the term, and after the lessor was notified of the transfer of the claim to return the deposit, there is an explicit or implied agreement between the lessor and the lessee regarding the renewal or extension of the term of the lease.

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