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(영문) 광주지방법원 2018.06.05 2018가단331
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. Facts of recognition;

A. On June 25, 2004, 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 the deposit amount of KRW 25,354,00, monthly rent of KRW 83,370, and the period from July 1, 2014 to June 30, 2016.

B. On January 23, 2015, Defendant A borrowed KRW 20 million to the Plaintiff on January 23, 2015 (interest rate of 4.3% per annum, 18% per annum, and 30% per annum of the expiration date of the loan), as a security for the refund of borrowed money, transferred the entire claim for the refund of the deposit deposit under the instant lease agreement to the Plaintiff on January 22, 2015.

On January 22, 2015, Defendant A notified Defendant A of the assignment of claims to Defendant Corporation with content certification, and the above notification reached Defendant Corporation around that time.

C. Defendant A lost the benefit of time due to delay of interest on the said loan from April 2, 2017.

Meanwhile, the Defendant A and the Defendant Corporation renewed the instant lease agreement on June 23, 2016 at the time when the instant lease agreement expires.

(Deposit 26,596,00 won, monthly rent 87,450 won, and the period from July 1, 2016 to June 30, 2018) / [Grounds for recognition] without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 1, and the purport of the whole pleadings.

2. Since the instant lease agreement as to the cause of the claim is terminated upon the expiration of the period, Defendant A, the lessee, must deliver the instant real estate to the Defendant Corporation as sought by the Plaintiff in subrogation of the Defendant Corporation.

Likewise, the Defendant Corporation should pay the Plaintiff, the assignee of the claim, with the remainder of the overdue rent, management expenses, taxes and public charges, etc., at the same time, after deducting all the claims from the lease deposit.

In this regard, the defendant corporation cannot respond to the plaintiff's claim as long as the renewed lease term has not yet expired due to the renewal of the contract.

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