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(영문) 광주지방법원 2018.07.19 2018가단324
건물인도
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. Claim against the defendant A;

(a) Description of the claim;

(b) Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);

2. Demand against the defendant Korea Land and Housing Corporation;

A. Basic facts (1) The Defendant A entered into a lease agreement with the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) on the real estate listed in the separate sheet (hereinafter “instant real estate”) with regard to the lease deposit for KRW 11,00,000, monthly rent of KRW 83,000, and the lease term of KRW 81, September 31, 201, and thereafter, occupy the instant real estate after paying the lease deposit to the Defendant Corporation.

(2) On November 5, 2009, Defendant A borrowed the amount of KRW 7,700,000 per annum from the Plaintiff during the period of 7.9% per annum, 22% per annum, and 31 September 31, 201 (the extension to September 30, 2017) of the expiration date of the loan, Defendant A transferred to the Plaintiff as of November 4, 2009, and notified the said transfer to the Defendant Corporation on the same day.

(3) Defendant A did not pay the principal and interest of loan to the Plaintiff even after the expiration of the term of validity of the said loan. Meanwhile, the Defendants renewed the said lease agreement on September 27, 2017 and concluded a new lease agreement until September 30, 2019, which is KRW 13,191,00, monthly rent of KRW 99,510, monthly rent of KRW 99,510, and the term of lease.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Gap evidence Nos. 1 through 5 (including the number of evidence available), the purport of the whole pleadings

B. According to the facts of the determination as to the cause of the claim, the Defendant Corporation is obligated to pay KRW 11,00,000 to the Plaintiff who received the claim for lease deposit from the Defendant, at the same time as the transfer of the instant real estate from the Defendant, barring any special circumstances. However, the lease deposit is all the claims that the lessor has against the lessee in relation to the lease until the lessee returns the leased object.

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