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(영문) 서울중앙지방법원 2018.02.09 2017가단5213640
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 March 25, 2015, Defendant A entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) and with regard to the real estate listed in the separate sheet (hereinafter “instant real estate”), with regard to the lease deposit amount of KRW 18,671,00, monthly rent of KRW 114,220, and the term of lease from February 1, 2015 to January 31, 2017 (hereinafter “instant lease agreement”).

B. Around April 2, 2015, Defendant A transferred the claim for the return of the above lease deposit to the Defendant Corporation with the Defendant Corporation (hereinafter “Surves loan”), upon delegation from Defendant A, Defendant A notified the Defendant Corporation of the transfer of the above lease deposit, and the said notification reached the Defendant Corporation on April 14, 2015.

C. Around April 8, 2015, Libers loan transferred the claim for the return of the above lease deposit to the Plaintiff on or around June 30, 2017 to the non-SP Capital Co., Ltd., and each of the above assignment of claims reached the Defendant Corporation on April 14, 2015 and July 7, 2017.

[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings

2. According to the facts of the above recognition, since the lease contract of this case was terminated on January 31, 2017, Defendant A, a lessee, is obligated to deliver the real estate of this case to the Defendant Corporation, a lessor, and the Defendant Corporation, simultaneously with the delivery of the real estate of this case from Defendant A to the Plaintiff, a transferee of the above lease deposit claim from KRW 18,671,00 to the above lease deposit amount, and to pay the remainder after deducting all the claims against Defendant A arising from the lease contract relationship between the Defendants until the date of the completion of delivery of the above real estate.

3. In conclusion, the plaintiff's claim against the defendants is justified, and all of them are accepted.

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