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(영문) 의정부지방법원고양지원 2014.12.04 2014가단23112
건물명도
Text

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

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

Reasons

1. Facts of recognition;

A. On October 29, 2008, the Defendant leased a building listed in the attached list (hereinafter “instant apartment”) from the Korea Land and Housing Corporation by setting the lease deposit to 69,00,000 won, and from August 23, 2011 to August 22, 2013, and occupied the instant apartment around August 23, 201.

B. Around August 22, 2011, the Defendant borrowed KRW 20,000,000 from the Plaintiff as interest rate of KRW 2% per month and three months for the borrowing period, and borrowed KRW 10,000,000 on the same terms and conditions around November 21, 201, and borrowed KRW 5,00,000 on the same terms and conditions around May 25, 201.

C. On August 22, 2011, the Defendant transferred to the Plaintiff the claim for refund of KRW 69,000,000 for the lease deposit with respect to the instant apartment to secure the present and future obligation. On the same day, the Defendant notified the Korea Land and Housing Corporation of the transfer, and the notification of the transfer reached the above construction on August 23, 201.

On October 29, 2013, the Defendant increased the lease deposit for the instant apartment as KRW 72,312,000 between the Korea Land and Housing Corporation and the Korea Land and Housing Corporation, and extended the term of lease from October 1, 2013 to September 30, 2015.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1-7 (including virtual number), Eul evidence No. 1, the purport of the whole pleadings

2. Determination on the cause of the claim

(a) After the lessor is notified of the transfer of the claim for return of the deposit, even if the lessor and the lessee have made an explicit or implied agreement on the renewal of the lease contract or extension of the contract term, the effect of such agreement shall not affect the transferee of the claim for return of deposit;

(See Supreme Court Decision 88Meu4253, 4260 delivered on April 25, 1989). B.

Based on the above legal principles, the lease contract concluded between the defendant and the Korea Land and Housing Corporation on the apartment of this case is terminated on or around August 22, 2013, and thus, upon the plaintiff's subrogation claim, the transferee of the above lease deposit return claim.

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