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(영문) 수원지방법원 2021.02.04 2020가단552935
건물인도
Text

Defendant C delivers to Defendant D the real estate listed in the attached list. Defendant D is listed in paragraph 1 from Defendant C.

Reasons

1. Basic facts

A. Defendant C leased the real estate listed in the separate sheet from Defendant D (hereinafter “instant real estate”) KRW 145,00,000, monthly rent of KRW 600,000, and the lease term of KRW 600,000 from June 23, 2017 to June 22, 2019 (hereinafter “the lease of this case”). B. On February 13, 2018, the Plaintiff loaned KRW 10,000 to Defendant C.

(c)

On February 13, 2018, Defendant C transferred KRW 20,000,000 among the claims for the return of the lease deposit of this case to the Plaintiff, and granted the Plaintiff the authority to notify the transfer of the said claim.

(d)

On March 2, 2018, the Plaintiff sent to Defendant D a content-certified mail stating the fact of the transfer of the claim, and the said mail sent to Defendant D on March 6, 2018.

[Reasons for Recognition] Defendant C: A without dispute, entry in Gap evidence Nos. 1 and 2 (including each number, if any) and the purport of the whole pleadings

2. Determination

A. Since the lease contract of this case as to the cause of the claim terminated at the expiration of the lease term, it is obligated to deliver the real estate of this case to Defendant D upon the Plaintiff’s claim, and Defendant D is obligated to deliver the real estate of this case to the Plaintiff, which is the assignee, at the same time upon receiving the real estate of this case from Defendant C, and at the same time, Defendant D is obligated to pay damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from the day following delivery of the real estate of this case to the day of complete payment (the Plaintiff sought payment of damages for delay calculated at the rate of 12% per annum as stipulated in the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, etc., but since the interest rate as stipulated in Article 251 of the Civil Procedure Act does not apply to future action for performance under Article 251 of the Civil Procedure Act (see the proviso to Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings).

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