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(영문) 수원지방법원평택지원 2015.11.24 2015가단9962
건물인도등
Text

1. Defendant A shall deliver to the Korea Land and Housing Corporation the real estate indicated in the attached Form “Real Estate Indication”.

2...

Reasons

1. According to the facts of recognition, Gap evidence Nos. 1 through 5 and Eul evidence Nos. 3 and 4, the plaintiff acquired a loan claim against the defendant A at the rate of 15.59% per annum from December 2, 2014 to the date of full payment, with respect to the amount of KRW 13,527,760 and the amount of KRW 32,000,000, which is calculated with respect to the amount of KRW 16,50,000 per annum from October 27, 2011 to the date of full payment. ② The defendants acquired the loan claim No. 16,50,000 with respect to the real estate stated in the separate list (hereinafter "real estate of this case"), and the period from September 4, 2012 to October 31, 2014, the lease contract of this case was concluded between the defendant and the Korea Land and Housing Corporation, which is the only right to claim the return of the lease claim of this case to the plaintiff.

2. According to the above facts of recognition, the plaintiff, who has a loan claim that arrives at the maturity date for defendant A, can demand the payment of the deposit return claim under the instant lease agreement that the above defendant has against the defendant Korea Land and Housing Corporation in subrogation of the insolvent defendant A.

However, as argued by the Defendant Korea Land and Housing Corporation, the lease deposit in the lease contract covers all the lessee's obligations arising from the lease until the lease is delivered to the lessor after the termination of the lease contract.

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