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(영문) 서울중앙지방법원 2019.05.01 2018가단5172197 (1)
구상금 등 청구의 소
Text

1. The defendant shall deliver to the Korea Land and Housing Corporation real estate stated in the attached list.

2. The costs of the lawsuit of an additional judgment shall be assessed.

Reasons

The judgment rendered on April 3, 2019 by this Court on the instant case subject to an additional judgment was omitted in the judgment rendered on April 3, 2019, and thus an additional judgment is rendered ex officio in accordance with Article 212(1) of the Civil Procedure Act.

Basic Facts

On March 28, 2013, the Defendant entered into a lease agreement with the Korea Land and Housing Corporation to lease real estate listed in the separate sheet (hereinafter “instant apartment”) from the Korea Land and Housing Corporation to KRW 36,905,00, monthly rent of KRW 373,00, and July 31, 2017 (hereinafter “instant lease agreement”).

On May 2, 2015, the Defendant and the Korea Land and Housing Corporation respectively changed the lease deposit amount to KRW 215,270 per month, and KRW 47,905,00 per month on June 4, 2015, and KRW 141,940 per month.

On June 4, 2015, the Plaintiff entered into an individual financial credit insurance contract (hereinafter “instant insurance contract”) with the Defendant, which stipulates as “insured C,” “insurance coverage amounting to 49,500,000,000,” and “from June 4, 2015 to July 31, 2017,” and issued an insurance policy with respect to all-time loan obligations owed by the Defendant to C Co., Ltd. (hereinafter “C”).

The Defendant obtained a loan of KRW 45,00,000 from C as collateral on July 31, 2017, by setting the lending period of KRW 45,000 from C.

In order to secure the above loan obligations, the defendant set up a pledge to C with respect to the claim to return the lease deposit under the lease agreement of this case, and notified it to the Korea Land and Housing Corporation on June 2, 2015.

As the Defendant did not pay the above loan obligation to C, the Plaintiff paid the insurance money of KRW 37,735,037 to C in accordance with the insurance contract of this case on October 17, 2017, and acquired the above pledge from C.

C On October 18, 2017, it notified the Korea Land and Housing Corporation of the transfer of pledge rights.

On the other hand, the defendant is the defendant.

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