logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.01.24 2016가단13340
건물명도
Text

1.(a)

Defendant A has ordered the Korea Land and Housing Corporation to order the real estate listed in the attached list;

(b) the defendant.

Reasons

1. Basic facts

A. On October 23, 2009, Defendant A entered into a lease agreement with the Korea Land and Housing Corporation for the lease deposit of KRW 13,200,000, monthly rent of KRW 109,000, and the lease term of November 31, 2012.

B. On November 3, 2010, Defendant A received a loan from the Plaintiff at the rate of 5.8% per annum, damages for delay, 22% per annum, and November 30, 2012, Defendant A transferred the entire claim for refund of the said lease deposit to the Plaintiff on October 28, 2010, and notified the Defendant Korea Land and Housing Corporation of the said assignment of the said claim.

C. The Defendants thereafter extended the lease contract up to November 30, 2016 on condition that deposit KRW 14,496,00, monthly rent KRW 119,710 was changed.

Defendant A extended the loan period on March 22, 2016, but has not been repaid until now.

【Defendant 1: Judgment by public notice (Article 208(3)3 of the Civil Procedure Act) (Article 208(3) of the Civil Procedure Act): Defendant 2: The absence of dispute, Gap evidence 1 through 4, Eul evidence 1 (including the branch numbers for which the number is available)

2. According to the facts of the determination as to the cause of the claim, the above lease agreement among the Defendants can be acknowledged as having expired on November 30, 2016. Thus, the Plaintiff, who acquired the above lease deposit claim against the Defendant Korea Land and Housing Corporation by the transfer of the above lease claim, can seek to deliver the instant real estate to the Defendant Korea Land and Housing Corporation by subrogation of the Defendant Korea Land and Housing Corporation with the preserved bond, and at the same time, seek to pay the money stated in the purport of the claim against the Defendant Korea Land and Housing Corporation.

Therefore, Defendant A is obligated to order the Korea Land & Housing Corporation to order the real estate listed in the attached list.

The Korea Land and Housing Corporation shall be from the defendant A.

arrow