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(영문) 서울중앙지방법원 2020.01.20 2019가단27176
건물명도 등 청구의 소
Text

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

2. Defendant D Corporation shall be from Defendant C.

Reasons

On March 19, 2015, Defendant C leased real estate listed in the separate sheet (hereinafter “instant real estate”) from Defendant DD Corporation with a deposit of KRW 69.98 million, the lease term from March 19, 2015 to March 31, 2017. Since then, the lease term was renewed and determined as of March 31, 2019 (hereinafter “instant lease contract”); Defendant C transferred the right to refund the lease deposit to Defendant D Corporation on March 25, 2015. The Plaintiff notified Defendant C of the assignment of the assignment of the claim at that time; while the Plaintiff notified Defendant C of the assignment of the assignment of the claim; the Plaintiff, on March 27, 2015, KRW 50 million, KRW 50 million, and KRW 600,000,000,000,000 to March 25, 2017, each of the parties to the instant lease can be acknowledged.

According to the above facts, in the case of this claim filed by the plaintiff on behalf of the defendant C in order to preserve the above loan claims against the defendant C, the defendant C has a duty to deliver the real estate of this case to the defendant D&C, and the defendant D&C has a duty to pay the plaintiff the remaining money after deducting all the claims, such as rent, management fee, etc., which the defendant D&C had against the defendant C under the contract of this case at the same time as the transfer of the real estate of this case from the defendant C is made.

Therefore, the plaintiff's claim against the defendants is justified and it is so decided as per Disposition by the assent of all.

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