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(영문) 서울남부지방법원 2018.08.31 2018가단4295
대위건물명도 및 양수금
Text

1. Defendant C shall deliver to Defendant B the real estate listed in the separate sheet.

2. Defendant B shall list the attached list from Defendant C.

Reasons

1. Facts of recognition;

A. On October 15, 2015, Defendant C leased the real estate listed in the separate sheet (hereinafter “instant real estate”) from Defendant B by setting the lease deposit amount of KRW 35,000,000, and the lease period of KRW 2 years (hereinafter “instant lease contract”), and around that time, Defendant C occupied the instant building by being handed over.

B. On April 18, 2016, Defendant C transferred to the Plaintiff the right to refund the lease deposit amount of KRW 35,000,000 under the instant lease agreement, and notified the Defendant B of the same day and reached that time.

C. On November 2, 2016, the Plaintiff and the Defendants returned KRW 17,00,000 out of the lease deposit of this case to Defendant C by mutual agreement, and the lease deposit of this case remains to KRW 18,00,000.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 and 2, and purport of the whole pleadings (Service by public notice in case of Defendant C)

2. According to the fact that the lease contract of this case was terminated at the expiration of the term, Defendant C, a lessee, is obligated to deliver the real estate of this case to Defendant B at the Plaintiff’s request subrogated by Defendant B, a lessor, and Defendant B, at the same time as the delivery of the real estate of this case from Defendant C, is obligated to return the remaining lease deposit amount of KRW 17,00,000 to the Plaintiff who acquired the claim for the refund of the lease deposit

3. Conclusion of the Plaintiff’s claim against the Defendants is justified.

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