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(영문) 광주지방법원 목포지원 2018.05.30 2017가단6816
건물명도 등
Text

1. Defendant A shall deliver to the Korea Land and Housing Corporation the real estate listed in the separate sheet.

2. Defendant.

Reasons

1. Facts of recognition;

A. On October 28, 2015, Defendant A entered into a lease agreement with the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) on the real estate listed in the separate sheet (hereinafter “instant building”) with regard to the lease deposit of KRW 17,589,00, monthly rent of KRW 117,620, and the lease term of KRW 117,620, and from November 1, 2015 to October 31, 2017 (hereinafter “instant lease agreement”); and accordingly, Defendant A’s claim for the refund of the lease deposit against Defendant A, based on the said lease agreement, occupies the instant building.

B. On November 2, 2015, Defendant A loaned KRW 10 million at the interest rate of October 31, 2017 and KRW 5.2% per annum from the Plaintiff on October 2, 2017 and transferred to the Plaintiff the claim for the refund of the lease deposit in this case on October 29, 2015.

C. On October 29, 2015, the Plaintiff was delegated with the authority to notify the assignment of claims by Defendant A, and notified Defendant Corporation of the said assignment of claims, and the said notification of assignment of claims reached Defendant Corporation around that time.

Defendant A did not pay interest on the above loans and lost the benefit of time on March 30, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. According to the facts of the judgment as to the cause of the claim, since the term of the instant lease agreement between the Defendants terminated at the expiration of the term, Defendant A is obligated to deliver the instant building to the Defendant Corporation by exercising the Plaintiff’s subrogation right to the claim for the refund of the lease deposit, and the Defendant Corporation is obliged to pay the Plaintiff the remainder of the money obtained by deducting all the claims held by the Defendant Corporation against the Defendant under the instant lease agreement from KRW 17,589,000 to KRW 17,589,000, as well as the delivery of the instant building from the Defendant Corporation

3. Conclusion.

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