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(영문) 대전지방법원홍성지원 2017.08.09 2017가단490
건물명도 등 청구
Text

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

2. Defendant.

Reasons

I. Claim against the Korea Land and Housing Corporation

1. Following the facts of recognition may be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 and 6, unless there is a dispute between the parties or in full view of the purport of the whole pleadings.

On April 5, 2010, Defendant A entered into a lease agreement with the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) on each of the real estate listed in the separate sheet (hereinafter “instant apartment”) (hereinafter “instant apartment”) with respect to the lease deposit of KRW 17,400,000, monthly rent of KRW 112,000, and the lease term of KRW 6, 200, which is the date of lease occupancy (hereinafter “instant lease agreement”), and paid the said lease deposit to the Defendant Corporation, and the said apartment was handed over and possessed until now.

B. On May 4, 2010, Defendant A transferred to the Plaintiff the claim for the refund of the lease deposit amount of KRW 17,400,000, which the Plaintiff had against the Defendant Corporation. On the same day, Defendant A sent the assignment notice to the Defendant Corporation by content-certified mail, and around that time, the said notice reached the Defendant Corporation.

2. According to the above fact-finding, since the lease contract of this case expired on May 6, 2012, the contract of this case has expired, the defendant Corporation is obliged to pay the plaintiff the remainder of the money obtained by deducting all the claims, such as rent, management fee, etc., from the 17,400,000 won as requested by the plaintiff to the plaintiff with respect to the lease contract of this case from the 17,400,000 won to the date when the delivery of the apartment of this case is completed.

Therefore, the plaintiff's claim against the defendant corporation is reasonable, and it is so decided as per Disposition.

II. Requests against Defendant A

1. This case against Defendant A in subrogation of the Plaintiff’s claim under the contract for the transfer of the lease deposit and the transfer of the lease deposit to Defendant Corporation on May 4, 2010 between Defendant A and Defendant A.

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