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(영문) 전주지방법원 2018.10.10 2018가단9915
건물명도 등
Text

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

2. Defendant.

Reasons

1. Facts of recognition;

A. On January 31, 2017, Defendant A leased (hereinafter “instant lease agreement”) buildings listed in the separate sheet (hereinafter “instant building”) from the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) by setting the deposit amount of KRW 12,878,00, monthly rent of KRW 179,160, and the term of lease from January 31, 2017 to February 28, 2019 (hereinafter “instant lease agreement”).

B. On April 12, 2017, the Plaintiff leased KRW 9,000,00 to Defendant A at an annual interest rate of 4.48%, interest rate of arrears rate of 16.48% per annum, and due date of repayment on February 28, 2019 (hereinafter “instant lease”). As a security, the Plaintiff acquired from Defendant A the right to return the lease deposit under the instant lease agreement that the said Defendant had against the Defendant Corporation.

C. On April 18, 2017, the Plaintiff was delegated with the authority to notify the assignment of claims by Defendant A, and notified the Defendant Corporation of the assignment of claims, and the said notification reached Defendant Corporation around that time.

From December 12, 2017, Defendant A lost the benefit of time due to delay in paying the principal and interest of the instant loan from December 12, 2017.

【Facts without dispute over the grounds for recognition, Gap evidence 1, Gap evidence 2-1 through 3, the purport of the whole pleadings

2. According to Article 11 of the General Conditions of Contracts used by the Defendant Corporation for the instant lease agreement, the lessee may terminate the instant lease agreement even prior to one month prior to the conclusion of the contract. The fact that the Plaintiff’s complaint to the effect that the said lease agreement is terminated by subrogation of the Defendant A is served on the Defendant Corporation on April 26, 2018, prior to one month prior to the date of the closing of the argument in this case is clear.

Therefore, since the lease contract of this case is terminated as of the date of closing argument of this case, the defendant A is obligated to deliver the building of this case to the defendant corporation by exercising the creditor's subrogation right of the plaintiff who is the creditor who has taken over the claim to return the lease deposit of this case.

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