logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.06.16 2017가단1798
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. Facts of recognition;

A. On June 17, 2014, 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”), which provides the lease deposit amount of KRW 21,77,00, monthly rent of KRW 163,330, and the term of lease from June 17, 2014 to July 31, 2016 (hereinafter “instant lease agreement”).

B. Around April 20, 2015, MSF Co., Ltd. loaned KRW 17.3 million to Defendant A at the maturity of payment on July 31, 2016 and at the rate of 6.3% per annum. As a security, Defendant A transferred the above lease deposit refund claim against Defendant A to Defendant Corporation.

Accordingly, around April 20, 2015, Defendant A notified Defendant A of the assignment of the above assignment of claims to Defendant Corporation, and the said assignment of claims reached Defendant Corporation.

C. Around October 31, 2016, MSS Mutual Savings Bank transferred the above loan claims against Defendant A to the Plaintiff. The above assignment notification reached the Defendants respectively.

[Ground of Recognition] Defendant A: A without a dispute, each entry in Gap evidence 1 through 7 (including a branch number), the purport of the whole pleadings, and the purport of the whole pleadings: deemed confession (Article 208(3)2 of the Civil Procedure Act)

2. According to the facts of the above recognition, since the lease contract of this case was terminated on July 31, 2016, Defendant A, the lessee, is obligated to deliver the instant real estate to the Defendant Corporation, the lessor, and the Defendant Corporation, at the same time, shall deliver the instant real estate from Defendant A to the Plaintiff, the final transferee of the above lease deposit claim, and at the same time, to the Plaintiff, the said lease deposit amount of KRW 21,77,00,000, deducting all the claims against Defendant A arising from the above lease contract relationship between the Defendants until the date of the completion of delivery of the said real estate.

3. Thus, the plaintiff's claim against the defendants is justified.

arrow