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(영문) 서울서부지방법원 2019.02.12 2018가합31866
건물명도(인도)
Text

1. The Defendant (Counterclaim Plaintiff) pays KRW 1,985,100,000 to C Co., Ltd. at the same time.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. As a stock company established for the purpose of real estate development, lease, etc., the Plaintiff carried out the business of constructing, leasing, and selling any 32 or 600 old-university sites in Seoul Special Metropolitan City (hereinafter “instant apartment”).

B. On February 26, 2009, the Plaintiff leased to the Defendant the real estate listed in the separate sheet (hereinafter “instant real estate”) among the instant apartment units by setting the lease deposit of KRW 1.69 billion, KRW 2,88,000 per month, KRW 2,88,00 per month, and KRW 5 years from the starting date of the designation period for occupancy under the lease term.

(hereinafter “instant lease agreement”). C.

In February of 2011, the Plaintiff and the Defendant concluded a contract to change the contents that the rental deposit shall be increased to KRW 1.9885 billion and the rent shall not be paid separately by converting the rent into the entire rent into the rental deposit.

At that time, the Defendant occupied the instant real estate from the Plaintiff and used it until now.

The Defendant received a loan of KRW 1.4 billion from C (hereinafter “C Bank”) in order to prepare the above lease deposit, and transferred the above lease deposit refund claim that will occur in the future as security to C Bank, and notified the Plaintiff of the assignment of the claim.

E. Meanwhile, the starting date of the designation of occupancy of the instant apartment is January 31, 201.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 22, the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the principal claim, the instant lease agreement was terminated on January 31, 201, when five years have elapsed from January 31, 201, the starting date of the occupancy designation period, and the Plaintiff is obliged to simultaneously implement the delivery of real estate and the return of the lease deposit upon the termination of the said lease.

Therefore, unless there are special circumstances, the defendant, who is the lessee, is the creditor of the claim, to C Bank.

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