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(영문) 광주지방법원 2016.07.19 2016가단4742
건물명도
Text

1.(a)

Defendant A shall deliver to the Korea Land and Housing Corporation the real estate listed in the attached list.

(b) the defendant.

Reasons

1. Basic facts

A. On October 13, 2010, Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant A, setting the lease deposit amount of KRW 36,769,00, and the lease period of KRW 10,00 as from December 10, 201 to January 31, 2013 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”). Defendant A paid the lease deposit amount of KRW 36,769,00 (hereinafter “instant lease deposit”) to Defendant Corporation, and received the instant real estate from Defendant Corporation.

B. On December 9, 2010, Defendant A transferred to the Plaintiff the instant claim for the refund of the lease deposit to Defendant A, on the same day, notified the Defendant Corporation of the assignment of the said claim by content-certified mail, and around that time, the said notification reached the Defendant Corporation.

C. On January 29, 2013, the Defendants newly concluded a contract to extend the term of the instant lease agreement from February 1, 2013 to January 31, 2015, and to extend the term of the instant lease agreement from January 30, 2015 to January 31, 2017.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 4 (including each number in case of additional number), Eul evidence 1 to 4, the purport of the whole pleadings

2. According to the facts of the above recognition, since the lease of this case terminated on January 31, 2013, the term of the lease of this case terminated, the effect of the agreement cannot be affected by the transferee of the claim to return the deposit, even if the lessor and the lessee have made an explicit or implied agreement with respect to the renewal of the lease of this case or extension of the term of the lease of this case after the lessor received the notification of the transfer of the claim to return the deposit of this case. (See Supreme Court Decision 88Meu4253, Apr. 25, 1989).

As seen in this subsection, the instant lease was renewed after the Defendant was notified of the assignment of claims.

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