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(영문) 광주지방법원 2015.08.26 2015가단22774
채권자대위권에 기한 건물명도 등
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 found either in dispute between the parties or in full view of the respective descriptions and the whole purport of the arguments in Gap evidence Nos. 1, 3, 5, 6, and Gap evidence Nos. 2 and 4:

On May 25, 2012, Defendant A leased real estate (hereinafter “instant real estate”) as indicated in the separate sheet from the Defendant Korea Land and Housing Corporation (hereinafter “instant real estate”) by setting the deposit amount of KRW 13,624,00, and the period from June 1, 2012 to May 31, 2014, and Defendant Korea Land and Housing Corporation paid KRW 13,624,000 to Defendant Korea Land and Housing Corporation around that time.

B. On May 31, 2012, Defendant A received a loan of KRW 10,800,000 from the Plaintiff, and transferred to the Plaintiff all of the claim for refund of lease deposit amounting to KRW 13,624,00,00, which the principal had against the Defendant Korea Land and Housing Corporation under the said lease agreement, and notified the Defendant Korea Land and Housing Corporation of the said transfer by content-certified mail. The above notification reached the Defendant Korea Land and Housing Corporation around that time

C. On May 31, 2012, Defendant A prepared a “approval and Written Confirmation” purporting to the effect that “in the event of loss of the benefit of the time limit for the above loan, the instant real estate shall be immediately transferred” and submitted to the Plaintiff.

The Defendants, on May 21, 2014, concluded and renewed the instant lease agreement with a deposit of KRW 14,277,00, KRW 101,030 per month, and the period from June 1, 2014 to May 31, 2016.

Article 11 (1) of the General Terms and Conditions of the above lease contract between the Defendants stipulates that the lessee may terminate the above lease contract even before one month is notified by the lessee.

E. On May 30, 2014, Defendant A transferred to the Plaintiff all the claim for refund of the lease deposit amounting to KRW 14,277,00,00, which he/she owns against the Defendant Korea Land and Housing Corporation according to the above lease agreement, and notified the Defendant Korea Land and Housing Corporation of the said transfer by content-certified mail, and the said notification was given to the Defendant Korea Land and Housing Corporation

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