logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.09.07 2017가단5050757
건물명도(인도)
Text

1. Defendant A shall deliver to the Korea Land and Housing Corporation the real estate listed in the separate sheet.

2. Defendant.

Reasons

1. Facts of recognition;

A. On November 2, 2012, Defendant A entered into a lease agreement with the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) and the real estate listed in the separate sheet (hereinafter “instant apartment”) on a deposit amounting to KRW 26,00,000, and the period from December 11, 2012 to February 8, 2015.

(hereinafter “instant lease agreement”). A around that time, Defendant A paid the deposit and occupied the instant apartment.

B. On February 27, 2015, the instant lease agreement was renewed from March 1, 2015 to February 28, 2017, KRW 32,274,00 (basic KRW 27,274,000, KRW 5,000), KRW 183,570 as of the monthly rent, and KRW 150,240 as of the monthly rent, and period of KRW 150,240, and the Defendant paid the increased deposit.

The instant lease contract expired on February 28, 2017 was not renewed due to rent delay, etc.

C. On March 7, 2016, Defendant A obtained a loan of KRW 25,00,000 from the Heal and Fire & Fire Co., Ltd. (hereinafter “Nonindicted Company”) and transferred the lease deposit claim of KRW 32,274,000 to Nonparty A on March 9, 2016 and notified the Defendant Corporation of the transfer of the lease deposit claim of KRW 32,274,00.

On February 9, 2017, Nonparty Company urged Defendant Corporation to return KRW 32,274,000 of the lease deposit of this case.

On February 28, 2017, Nonparty Company transferred KRW 32,274,00 to the Plaintiff the right to refund the lease deposit of this case, and notified the Defendant Corporation of March 3, 2017.

[Evidence Evidence] Plaintiff and Defendant A: Service by publication (Article 208(3)3 of the Civil Procedure Act) Plaintiff and Defendant Corporation: 1-6, 1-5, and the purport of the entire pleadings

2. According to the above facts of recognition, the instant lease contract terminated on February 28, 2017.

The plaintiff who has taken over the claim for the return of the lease deposit can seek the delivery of the apartment of this case from the tenant on behalf of the tenant for the preservation of the lease deposit. Thus, the defendant A delivers the apartment of this case to the defendant Corporation.

arrow