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(영문) 수원지방법원 2021.01.27 2020가단559769
건물인도
Text

Defendant C shall deliver to Defendant D the real estate listed in the attached list. Defendant D shall list from Defendant C.

Reasons

1. On August 16, 2018, Defendant C loaned the real estate listed in the separate sheet (hereinafter “the instant building”) from Defendant D to Defendant C at KRW 15 million, KRW 500,000 per month (the 20th day of each month), and the lease term of September 20, 2018 to September 20, 2020 (hereinafter “the instant lease contract”). On January 29, 2019, the Plaintiff loaned KRW 5 million to Defendant C at KRW 5 million. On January 29, 2019, Defendant C transferred each of the leased bond repayment claims to the Plaintiff and E (hereinafter “E”), and the Plaintiff, as the assignee, notified the Plaintiff of the right to transfer the above claim, the Plaintiff’s assertion that the instant lease contract was not established on September 20, 201 to Defendant C’s 3: (a) the Plaintiff’s assertion that the instant lease contract was not established on September 28, 2012, and that the Plaintiff was the assignee.

2. Since the lease contract of this case was terminated against Defendant C, Defendant C is obligated to deliver the building of this case to Defendant D upon exercise of the Plaintiff’s subrogation right as the obligee who acquired the claim for the refund of the lease deposit of this case.

3. On December 20, 2020, Defendant D calculated on December 15, 2020 as of December 15, 2020, but the rent under the instant lease contract is later than the 20th day of each month. Thus, it is calculated as of December 20, 2020.

b. The remaining lease deposit 15 million won - 1 million won [the deposit returned by Defendant D to Defendant C on August 12, 2020, the deposit, Eul 2, and the bond transfer prior to the notification of bond transfer (Article 451(2) of the Civil Act)] - The deposit amount of KRW 9.5 million in arrears (the share of KRW 9.5 million in arrears shall be deducted from the share of KRW 19 months which was recognized as having been paid by Defendant D on September 20, 2018 through December 27, 2020 less the share of KRW 8 months which was paid by Defendant D on December 20, 201, KRW 19 x 5 million x KRW 5 million) - KRW 477,710 (A) (the unpaid management expenses of Defendant D on September 3, 201, = 4,290, KRW 291, KRW 2014, KRW 2051, KRW 29405.

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