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Reasons
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(영문) 대전지방법원홍성지원 2015.09.15 2015가단6333
건물명도
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1. Defendant A shall deliver to the Korea Land and Housing Corporation the real estate listed in the separate sheet.

2. Defendant.

Reasons

1. Facts of recognition;

A. On December 29, 2009, Defendant A leased the real estate listed in the separate sheet (hereinafter “instant apartment”) from Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation. At the time, the lessor was the Korea National Housing Corporation, but the Defendant Corporation comprehensively succeeded to the rights and obligations of the Korea National Housing Corporation) (hereinafter “instant apartment”) from April 2010, from around April 201, the lease term was set at KRW 10,500,000 for rental deposit, KRW 73,000 for monthly rent (hereinafter “instant lease”). At that time, Defendant A paid KRW 10,500,000 for rental deposit to Defendant Corporation.

B. On April 29, 2010, the Plaintiff loaned KRW 6,500,000 to Defendant A with interest rate of KRW 5.95% per annum and due date on April 29, 2011 (hereinafter “instant loan”).

C. On April 29, 2010, Defendant A transferred to the Plaintiff the full amount of the claim for refund of the foregoing rental deposit that he/she owns to the Defendant Corporation under the instant lease agreement, and notified the Defendant Corporation of the said transfer by mail, and the notification reached the Defendant Corporation around that time.

After that, the repayment period of the loan of this case was extended until April 29, 2015, but Defendant A failed to pay the principal and interest of the loan of this case by the payment period.

E. Defendant A and Defendant Corporation are renewed the instant lease agreement on a two-year basis, and currently effective lease term is from June 1, 2014 to May 31, 2016, 13,838,000, and monthly rent of KRW 96,200.

[Ground for Recognition] Defendant A: Judgment on deemed confession (Article 150(3) of the Civil Procedure Act)

2. Determination

A. According to the above facts of recognition as to the claim against Defendant A, the repayment period for the principal and interest of loan to the Plaintiff has arrived, and the lessor has returned the deposit.

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