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(영문) 광주지방법원 2015.05.01 2014가단58134
부동산명도 등
Text

1.(a)

Defendant A delivers to the Korea Land & Housing Corporation the real estate listed in the attached list;

(b) the defendant.

Reasons

1. Facts of recognition;

A. On June 8, 2011, Defendant A entered into a lease agreement with the Defendant Korea Land and Housing Corporation, setting the rental deposit amount of KRW 20,260,00, monthly rent of KRW 108,080, and the term of the lease from June 1, 201 to May 31, 2013 (hereinafter “instant lease agreement”). At that time, Defendant A paid the lease deposit to the Korea Land and Housing Corporation.

B. On June 10, 201, Defendant A transferred to the Plaintiff the right to refund the lease deposit under the instant lease agreement, and notified the Defendant Korea Land and Housing Corporation of the assignment of the said right on the same day.

[Ground of recognition] Facts that there is no dispute between the plaintiff and the defendant Korea Land and Housing Corporation, Gap evidence Nos. 2 through 6, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the instant lease agreement was terminated on May 31, 2013, and thus, the Defendant A is obligated to deliver the instant real estate to the Defendant Korea Land and Housing Corporation at the Plaintiff’s request by subrogation of the Defendant Korea Land and Housing Corporation. The Defendant Korea Land and Housing Corporation is obligated to pay the remainder of the amount calculated by deducting all obligations incurred under the instant lease agreement, such as rent in arrears and management expenses, from KRW 20,260,000, which was the transfer of the instant real estate from the Defendant to the Plaintiff who acquired the claim for return of the lease deposit, at the same time as the transfer of the instant

3. In conclusion, the plaintiff's claim is justified, and it is so decided as per Disposition by admitting it.

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