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(영문) 대전지방법원서산지원 2016.02.16 2015가단8515
양수금 등
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. Basic facts

A. On June 29, 2006, Defendant A entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) to lease real estate listed in the separate sheet (hereinafter “instant building”) by setting the lease deposit amount of KRW 28,100,000, and the period of August 31, 2009 (hereinafter “instant lease agreement”). The said lease deposit was paid to Defendant A and moved into the instant building. After that, the Defendants extended the said contract term until August 31, 2015.

B. On July 19, 2007, the Plaintiff leased KRW 22,400,00 to Defendant A by the interest fluctuation rate, and July 19, 2009 (which was later extended to August 31, 2015) due to the expiration date of the lending period (hereinafter “instant loan”). Defendant A transferred the instant lease deposit repayment claim to the Plaintiff to Defendant Corporation around that time, and notified the Defendant Corporation of the transfer, and thereafter, the said assignment of claim was issued to the Defendant Corporation around that time.

C. Until December 29, 2014, Defendant A paid KRW 6,200,00 among the principal and interest to the Plaintiff, and the remainder was in arrears. As of September 29, 2015, Defendant A’s total principal and interest was KRW 16,593,290.

[Reasons for Recognition] Unsatisfy, entry in Gap evidence 1 through 7 (including each number in the case with a serial number) and the purport of the whole pleadings

2. Determination as to the claim against Defendant A

1. As the instant lease agreement was terminated, the Defendant Corporation has the right to claim the delivery of the instant building against the Defendant A, but did not exercise its right. Therefore, the Plaintiff seeks the delivery of the instant building against the Defendant A by subrogation, in accordance with the legal principles of subrogation right of the obligee.

2. Judgment made by deemed confession (Article 208 (3) 2 of the Civil Procedure Act).

3. According to the above facts of recognition as to the claim against the Defendant Corporation, the Defendant Corporation shall, unless there are special circumstances.

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