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(영문) 광주지방법원 2016.05.25 2015가단53266
양수금
Text

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

2. Defendant.

Reasons

1. Judgment on the plaintiff's claim

A. Facts of recognition 1) Defendant B’s real estate indicated in the Defendant Korea Land and Housing Corporation and the attached list (hereinafter “instant real estate”) around March 2013.

(2) On November 8, 2013, Defendant B: (a) concluded a lease agreement with the term of KRW 10,964,00, monthly rent of KRW 80,500; and (b) paid the said lease deposit to the Defendant Korea Land and Housing Corporation; (c) on November 8, 2013, Defendant B transferred the said lease deposit repayment claim against the Defendant Korea Land and Housing Corporation; and (d) notified the Defendant Korea Land and Housing Corporation of the fact of the said transfer of the said deposit assignment on November 13, 2013.

[Ground of recognition] Facts without dispute, Gap's entries in Gap's 1, 2, and 3, the purport of the whole pleadings

B. According to the above facts of recognition, since the lease agreement between the Defendants expired on March 31, 2015, Defendant B is obligated to deliver the instant real estate to the Korea Land and Housing Corporation upon the Plaintiff’s request by subrogation of the rights of the Defendant Korea Land and Housing Corporation. The Defendant Korea Land and Housing Corporation, at the same time, is obligated to deliver the instant real estate from Defendant B to the Defendant Korea Land and Housing Corporation according to a lease agreement between the Defendants, and at the same time, to pay to the Plaintiff, the transferee of the bonds the remainder after deducting all the claims of the Defendant Korea Land and Housing Corporation against Defendant B.

2. In conclusion, the plaintiff's claim against the defendants of this case against the defendants is justified, and it is so decided as per Disposition.

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