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(영문) 광주지방법원순천지원 2015.02.12 2014가단18616
건물인도 등
Text

1. The defendant A shall deliver real estate listed in the separate sheet to the defendant vice-owned Housing Co., Ltd. and grounds for it.

Reasons

1. Facts of recognition;

A. On January 29, 2014, Defendant A entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant Non-permanent Housing Co., Ltd. (hereinafter “Defendant Non-permanent Housing”), stipulating that the real estate listed in the attached Table (hereinafter “instant real estate”) will be leased KRW 35,50,000, monthly rent 190,000, and the term of lease from February 12, 2014 to February 11, 2015 (hereinafter “instant lease agreement”).

B. On February 6, 2014, Defendant A transferred to the Plaintiff the instant claim for the refund of the lease deposit against the Defendant Non-permanent Housing, and notified the Defendant of the same day to the Defendant Non-permanent Housing.

7. The notification has been delivered.

C. On February 7, 2014, Defendant A received a loan of KRW 28,00,000 from the Plaintiff as collateral for the claim for the refund of the instant lease deposit. If Defendant A lost the benefit of time due to his failure to repay the principal and interest of the loan, Defendant A promised to immediately deliver the instant real estate to Defendant B’s house so that the Plaintiff may directly receive the lease deposit from Defendant B’s house.

Defendant A lost the benefit of August 7, 2014 due to delinquency in paying the principal and interest of the loan.

[Ground for recognition] Defendant Kim Plung: Judgment on deemed confession (Article 150(3) of the Civil Procedure Act); fact that there is no dispute; evidence No. 1 to 7; evidence No. 1 to 1; and the purport of the whole pleadings;

2. Determination:

A. According to the facts of the above recognition as to the claim against Defendant A, since Defendant A lost its interest during the period for the principal and interest of loan against the Plaintiff, Defendant A is obligated to deliver the instant real estate to Defendant B as the Plaintiff seeks by subrogation of the Plaintiff’s father-young Housing.

Since the obligation to pay the acquisition money to the plaintiff of the defendant Young-young Housing and the obligation to deliver the real estate of this case to the defendant Lee Young-young Housing are in the simultaneous performance relationship, the plaintiff shall preserve his claim for the acquisition money.

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