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(영문) 청주지방법원충주지원 2016.11.30 2016가단1826
건물명도등
Text

1. Defendant D shall deliver to Defendant B each real estate listed in the separate sheet.

2. Defendant B shall be attached to Defendant D.

Reasons

1. Basic facts

A. Defendant B is the owner of each land listed in paragraphs 1 through 5 of the attached list, and Defendant C is the owner of the land listed in paragraph 6 of the attached list and the building listed in paragraph 6 of the same list.

B. On July 2007, each of the real estate listed in the list (hereinafter collectively referred to as “each of the instant real estate”) entered into a lease agreement with the lessor, which entered as the lessor’s Defendant B, the lessee D and E, the lease deposit of KRW 60,000,000, monthly rent of KRW 500,000, and the lease term of KRW 60 months from July 21, 2007.

C. On October 30, 2008, the Plaintiff, as a creditor, prepared a notarial deed of debt repayment by means of security (quasi-loan for consumption) between Defendant D’s agent E and a notary public, with respect to KRW 240,00,000,00 of an open legal deed from No. 672, 2008, which was set as the maturity date for payment on April 30, 2009.

In addition, on October 30, 2008, between Defendant D’s agent E and Defendant D entered into a contract for debt acquisition of KRW 60,000,000 of the lease deposit with respect to each of the instant real estate held by Defendant D against Defendant B (hereinafter “instant contract for debt acquisition”). For this reason, a notary public entered into a written certification under the Law, etc. No. 3222, 2008.

On November 11, 2008, Defendant D’s agent notified Defendant B of the assignment of the claim under Defendant D’s name, and around that time, the notification was delivered to Defendant B.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, 5, 6, and 7 and the purport of the whole pleadings

2. Summary of the parties' arguments

A. The deposit under a lease agreement between Defendant B, C and Defendant D is KRW 30,000,00 in fact.

However, despite the termination of the lease agreement between the Defendants, Defendant D did not return each of the instant real estate to Defendant B and C, and Defendant B and C did not return the said lease deposit to the Plaintiff, the assignee of the claim.

Therefore, the Plaintiff’s lease deposit 30,000,000 won and 30,000 won that has been transferred to Defendant B and C.

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