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(영문) 부산지방법원 2015.06.09 2015가단2290
양수금 등
Text

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

2. Defendant.

Reasons

1. Determination as to the claim against the defendant B

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Applicable provisions of Acts: Article 208 (3) 3 of the Civil Procedure Act;

C. Under the premise that the lease agreement on the real estate listed in the separate sheet between Defendant B and Defendant Korea Land and Housing Corporation (hereinafter “instant real estate”) has been terminated, Defendant B, upon the Plaintiff’s request subrogated by the lessor, has the duty to deliver the instant real estate to the Defendant Korea Land and Housing Corporation.

2. As to the determination of the claim against the defendant Korea Land and Housing Corporation, the defendant Korea Land and Housing Corporation asserts that "it is possible to pay only the remaining money after deducting all expenses, such as rents, management fees, taxes and public charges, and damages, which the defendant B bears to the defendant Korea Land and Housing Corporation by the completion date of delivery of the real estate of this case from the lease deposit, and the obligation to pay money and to deliver the real estate of this case are in concurrent performance relations."

The plaintiff accepted the above claim of the Korea Land and Housing Corporation and corrected the purport of the claim in accordance with it.

Therefore, the Defendant Korea Land and Housing Corporation is obliged to pay the Plaintiff the remainder of the amount calculated by deducting the unpaid monthly rent, management expenses, taxes and public charges, and damages from the 11,130,000 won to the Plaintiff, at the same time as the delivery of the instant real estate from the Defendant B.

3. In conclusion, the plaintiff's claim against the defendants is justified, and all of them are accepted. It is so decided as per Disposition.

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