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(영문) 전주지방법원남원지원 2019.11.13 2019가단10379
건물명도(인도)
Text

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

2. Defendant.

Reasons

1. Facts of recognition;

A. On January 15, 2016, Defendant C entered into a lease agreement with the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) and with the Defendant Corporation to lease real estate listed in the attached list (hereinafter “instant apartment”) by setting the lease deposit amount of KRW 10,214,00, monthly rent of KRW 127,680, and the lease term of KRW 127,680 from January 15, 2016 to February 28, 2018 (hereinafter “instant lease agreement”).

B. The Defendant C paid the above lease deposit to the Defendant Corporation around that time, and was handed over the instant apartment from the Defendant Corporation.

C. On January 15, 2016, Defendant C transferred to the Plaintiff the claim to return the lease deposit under the instant lease agreement, and notified the transfer of the claim to Defendant C on the same day.

[Reasons for Recognition] Unsatisfy, Gap 2-5 evidence, Eul 1-3 evidence, the purport of the whole pleadings

2. According to the fact of the above recognition as to the claim against Defendant C, the lease under the instant lease agreement was terminated on February 28, 2018 as the expiration of the period.

(B) After a lessor has been notified of the transfer of the right to claim the return of the lease deposit, the effect of the agreement cannot be affected by the transferee of the right to claim the return of the lease deposit even if the lessor and the lessee have made an explicit or implied agreement with regard to the renewal of the lease contract or extension of the contract period. Defendant C is obligated to deliver the apartment of this case to the Defendant Corporation, and the Plaintiff, as a creditor of the Defendant Corporation, can seek

3. According to the facts of recognition as to the claim against the Defendant Corporation, barring any special circumstance, the Defendant Corporation is obligated to pay the lease deposit to the Plaintiff, the transferee of the lease deposit, as well as to deliver the instant apartment from the Defendant C upon the termination of the instant lease agreement.

As to this, the defendant Corporation shall follow the lease contract of this case from the above lease deposit.

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