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(영문) 광주지방법원 2015.10.07 2015가단25865
채권자대위권에 기한 부동산명도 등
Text

1. Defendant A shall deliver to the Korea Land and Housing Corporation the real estate listed in the attached Form.

2. Defendant.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the respective descriptions and the whole purport of the arguments in Gap evidence Nos. 1, 3, 5, 6, and Gap evidence Nos. 2 and 4:

On June 18, 2013, Defendant A paid KRW 23,056,00 as deposit money, KRW 192,830 as deposit money, KRW 192,830 as deposit money, and the period from July 1, 2013 to June 30, 2015 (hereinafter “instant lease agreement”), and Defendant Korea Land and Housing Corporation paid KRW 23,056,00 as deposit money.

Article 10 (11) of the General Terms and Conditions of the above lease contract among the Defendants stipulates that the lessee may terminate the above lease contract even before one month is notified by the lessee.

B. On June 26, 2013, Defendant A transferred to the Plaintiff all the claim for refund of lease deposit amounting to KRW 23,056,00,00, which the principal had against the Korea Land and Housing Corporation upon the instant lease agreement, and notified the Defendant Korea Land and Housing Corporation of the said transfer by content-certified mail, and the said notification reached the Defendant Korea Land and Housing Corporation at that time.

C. Defendant A, on the same day, prepared and submitted to the Plaintiff a “written explanation of the implementation of this case’s real estate” with the purport that “where the principal and interest of the loan is not repaid, or the loan is not paid in excess of two or more periods, even during the term of the lease, the instant lease agreement is terminated, and the Plaintiff or the person designated by the Plaintiff shall be ordered.

Defendant A delayed the performance of the above loan obligations and lost the benefit of June 7, 2015.

2. According to the above findings of the determination, Defendant A is obligated to deliver the instant real estate to the Defendant Korea Land and Housing Corporation in accordance with the above letter of commitment, and the instant lease agreement indicates the intent of the Plaintiff to terminate the instant lease agreement by subrogation of the Defendant A.

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