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(영문) 수원지방법원여주지원 2020.09.22 2020가단2337
건물명도 및 양수금
Text

Defendant C ordered the building indicated in the attached Form to Defendant D Corporation, and Defendant D Corporation ordered the above building from Defendant C.

Reasons

1. Claim against Defendant C

(a) Indication of claims: To be as shown in Appendix 2;

(b) Applicable provisions of Acts: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

2. Claim against Defendant D Corporation

A. Facts of recognition 1) Defendant C is Defendant D Corporation (hereinafter “Defendant D Corporation”) around February 22, 2017.

) Buildings listed in the attached Form 1 and the attached Form 1 (hereinafter “instant apartment”).

1) As to the lease deposit, a lease agreement which sets forth KRW 5,577,400 per month for the lease deposit and rent of KRW 187,400 (hereinafter “instant lease agreement”).

(2) On December 6, 2018, Defendant C transferred to the Plaintiff the right to refund the lease deposit amount of KRW 5,77,00 to the Plaintiff and notified the Plaintiff of the said transfer to the Defendant Corporation on the same day with the authority delegated by Defendant C, and the said notification reached the Defendant Corporation around that time.

3) Since then, Defendant C lost the benefit of time by delaying the repayment of the loan. 4) The Plaintiff expressed its intention to terminate the instant lease agreement to Defendant C by delivering a copy of the instant complaint in subrogation of Defendant C.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1-7, Eul evidence No. 1, the purport of the whole pleadings

B. 1) Determination 1) The security deposit received in the lease of real estate guarantees all the lessee’s obligations arising out of the lease, such as rent and damage liability arising out of the loss, damage, etc. of the object, and the amount equivalent to the secured obligation is naturally deducted from the security deposit without any separate declaration of intention, unless there is any special reason when the object is returned after the termination of the lease relationship. This is likewise true even if the obligation to return the security deposit was transferred.

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