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Reasons
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(영문) 서울중앙지방법원 2018.07.20 2017가단5235015
건물명도(인도)
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1. Defendant A shall deliver the real estate listed in the separate sheet to Defendant B’s vice house.

2. The defendant corporation.

Reasons

1. Facts of recognition;

A. On February 27, 2014, Defendant A included KRW 10,000,000, which was additionally paid for lease deposit amounting to KRW 90,000,000 between the real estate (hereinafter “instant real estate”) listed in the separate sheet owned by the Defendant Company (hereinafter “Defendant Company”) and the Defendant Company’s house (hereinafter “Defendant Company”);

From March 7, 2014 to June 10, 2018, a lease agreement was concluded to lease (hereinafter “instant lease agreement”).

B. On March 9, 2016, Defendant A obtained a loan of KRW 81,00,000 from the Eastern Fire Marine Insurance Co., Ltd. (hereinafter “Nonindicted Company”) by setting the interest rate of KRW 4.47% per annum and due date of payment by March 6, 2018, and on the same day as the security for the above loan obligation, Defendant A transferred the lease deposit claim (the amount of transferred bond amount of KRW 90,000,000) under the instant lease agreement to the Nonparty Company and notified the Defendant Company of the fact of transfer.

At the time, Defendant A, even during the term of lease, made up and submitted a letter of commitment stating that “I, if you fail to pay the principal and interest of the loan by the due date (or due date of loss of the term of lease), you will immediately promise to order the lessor or the person designated by your company to directly receive the lease deposit from the lessor (if necessary, you do not raise any objection even if you notify the lessor of the termination of the lease contract by subrogation of the lessor).”

C. After doing so, Defendant A lost the benefit of time by delaying the payment of the principal and interest of the loan to the non-party company. On December 1, 2017, the non-party A transferred the loan claim and the claim for the refund of the instant deposit to the Plaintiff, and notified the Defendant Company of the fact of transfer.

On December 6, 2017, the Plaintiff notified the Defendant Company that the instant lease contract was terminated in accordance with the letter of commitment.

[Ground of recognition] Unsatisfy, A No. 1.

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