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(영문) 광주지방법원 2015.06.24 2015가단8747
채권자대위권에 기한 부동산명도 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. Claim against the defendant A;

A. The indication of claim: The plaintiff acquired the claim to return the lease deposit against the defendant Korean Land and Housing Corporation by the defendant A from the defendant, and sought delivery of the real estate in the attached Form against the defendant A due to the termination of the lease agreement by subrogation of the defendant Korean Land and Housing

Judgment on deemed confession: Article 208(3)2 of the Civil Procedure Act

2. The claim against the Defendant Korea Land and Housing Corporation: (a) around 2012, Defendant A leased the real estate indicated in the separate sheet from the Defendant Korea Land and Housing Corporation for a deposit of KRW 14 million; (b) from June 25, 2012 to July 31, 2014; (c) Defendant A paid the lease deposit of KRW 14 million to the Defendant Korea Land and Housing Corporation in full pursuant to the lease agreement; (d) Defendant A transferred the above lease deposit to the Plaintiff on July 10, 2012; and (e) notified the Defendant Korea Land and Housing Corporation of the above transfer by content-certified mail on the same day; or (e) the lease was not disputed between the parties or recognized by content-certified document of subparagraphs 2-1 and 4-1; and (e) the lease was terminated on July 31, 2014.

The above assignment of claims is presumed to have reached the Korea Land and Housing Corporation around that time. Therefore, the defendant Korea Land and Housing Corporation is obligated to pay to the plaintiff as the transferee of the above lease deposit claims, the amount remaining after deducting the rent and management expenses that the defendant A bears against the defendant Korea Land and Housing Corporation at the same time as the transfer of the attached property from the defendant A, as requested by the plaintiff, in the absence of special circumstances.

The defendant Korea Land and Housing Corporation has a defense to the effect that the above lease agreement with the defendant A was renewed on July 17, 2014 and the lease term has not yet expired, so the plaintiff did not reach the due date. However, it is against the above KRW 14 million.

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