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(영문) 광주지방법원 2015.11.11 2015가단30744
건물명도
Text

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

2. Defendant.

Reasons

1.The following facts may be acknowledged, either in dispute between the parties or in full view of the entries in Gap evidence 1-1-4 and Gap evidence 2-4 and the whole purport of the pleadings:

On September 17, 2010, Defendant A paid KRW 18,031,00 as deposit money, KRW 275,480 as deposit money, KRW 275,480 as deposit money, and the period from September 17, 2010 to October 31, 2012 (hereinafter “instant lease agreement”), and Defendant Korea Land and Housing Corporation paid KRW 18,031,00 as deposit money.

B. On May 30, 2011, Defendant A transferred to the Plaintiff all the claim for refund of the lease deposit amount of KRW 18,031,00, which the principal had against the Defendant Korea Land and Housing Corporation upon the instant lease agreement, and notified the Defendant Korea Land and Housing Corporation of the said transfer by content-certified mail, and the said notification reached the Defendant Korea Land and Housing Corporation at that time.

2. According to the above facts finding, the instant lease contract was terminated on October 31, 2012, and thus, the instant lease contract was renewed after the expiration of the said period.

The effect of the explicit or implied agreement on the renewal of the lease contract or the extension of the contract period after the notification of the transfer of the lease deposit claims is received shall not extend to the assignee of the deposit.

In addition, according to Article 10 (11) of the General Conditions for Contracts used by the Korea Land and Housing Corporation in such a lease contract, the lessee may terminate the above lease contract even prior to one month. The fact that the complaint of this case to the effect that the Plaintiff terminates the above lease contract by subrogation of the Defendant A is delivered to the Korea Land and Housing Corporation on July 13, 2015, prior to one month prior to the date of closing the argument of this case is recorded.

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