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(영문) 의정부지방법원 2021.03.24 2020가단132946

건물인도

Text

1. The defendant shall deliver to the Korea Land and Housing Corporation the real estate listed in the separate sheet. 2. The costs of lawsuit are assessed against the defendant.

Reasons

Basic Facts

On January 24, 2017, the Defendant entered into a contract with the Korea Land and Housing Corporation to lease real estate listed in the attached list (hereinafter “instant real estate”) with the lease deposit of KRW 44,33,00, and the lease term of KRW 1,200 from February 1, 2017 to January 31, 2019 (hereinafter “instant lease contract”).

On October 22, 2018, the Defendant received a loan by setting the repayment period of KRW 53 million from the Plaintiff as October 22, 2020, interest rate of KRW 15.9% per annum, and delay damage rate of KRW 18.9% per annum, respectively. On October 19, 2018, the Defendant transferred the lease deposit repayment claim of KRW 44,33,000 under the instant lease agreement between the Plaintiff and the Plaintiff as security for the foregoing loan obligation, and agreed to deliver the instant real estate by cancelling the instant lease agreement even during the lease period, even if it is within the lease period, and the Defendant notified the Korea Land & Housing Corporation of the said transfer of the said claim on the same day.

From March 17, 2020, the defendant started to pay interest on the loan to the plaintiff and lost the benefit of time, and did not pay the principal and interest of the loan to the plaintiff.

[Grounds for recognition] Fact-finding, Gap evidence Nos. 1 through 6, and the judgment of the court below as to the claim for the purport of the whole pleadings, since the lease contract of this case was terminated at the expiration of the term and the defendant's interest in the deadline for the repayment of the loan to the plaintiff was lost, the defendant is obligated to deliver the real estate of this case to the Korea Land Corporation upon the plaintiff's request subrogated by the Korea Land Housing Corporation as a creditor returning the lease deposit to the Korea Land Housing Corporation (the defendant seems to have been recently declared bankrupt, but the plaintiff's loan claim against the defendant against the defendant is secured by the defendant's claim for the repayment of