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(영문) 대전지방법원 2015.03.27 2014가단39333
건물명도 등
Text

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

2. Defendant.

Reasons

1. Facts of recognition;

A. While Defendant B leased a building listed in the separate sheet (hereinafter “instant building”) from the Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) and renewed the lease on September 10, 2012, Defendant B’s lease agreement was renewed on September 10, 2012. The lease deposit is KRW 21,00,000, and the lease term is from September 10, 2012 to August 31, 2014.

B. Based on the authentic copy of the notarial deed prepared by the joint office of the Chungcheongnam-nam notary public against Defendant B in 2007, the Plaintiff was the Daejeon District Court 22,093,140 won as the amount claimed by the Daejeon District Court 2013TTTT10593, and the obligor B and the Defendant Corporation as the Defendant Corporation, and “The Plaintiff may seize the claim to return the above lease deposit against the Defendant Corporation, and collect the seized claim.” The Plaintiff requested the above court to issue a seizure and collection order, and received the above seizure and collection order (hereinafter “instant seizure and collection order”) from the said court, and served the Defendant Corporation as the original copy on August 6, 2013.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts, the above lease contract was terminated after the delivery of the seizure and collection order of this case, and the plaintiff, upon receipt of the collection order, can seek delivery of the building of this case against the defendant B by subrogation of the defendant construction in order to preserve the claim. Thus, the defendant B is obligated to deliver the building of this case to the defendant Corporation.

B. In addition, in the event that the lease is terminated, the duty to deliver the leased object of Defendant B, the lessee, and the duty to return the lease deposit of Defendant Corporation, the lessor, are related to the simultaneous performance. Thus, the Defendant Corporation, along with the delivery of the building of this case from Defendant B, at the same time until the delivery of the building is completed, from KRW 21,00,000 to the Plaintiff, the right to seize the lease deposit and the collection order.

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