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(영문) 인천지방법원 2019.10.16 2019가단207096

양수금

Text

1. Defendant B shall deliver to the Korea Land and Housing Corporation the real estate listed in the separate sheet.

2. Defendant.

Reasons

1. Determination as to the claim against the defendant B

A. Facts of recognition 1) Defendant B’s real estate listed in the separate sheet from the Defendant Korea Land and Housing Corporation on June 29, 2016 (hereinafter “instant real estate”).

B) The lease term is from July 18, 2016 to August 31, 2018, the lease term is set at 14,285,00 won for the lease deposit, and monthly rent is set at 115,210 won for the lease (hereinafter “instant lease contract”).

(2) On August 30, 2018, the Defendants re-established a lease agreement with each of the stipulated lease agreements from September 1, 2018 to August 31, 2020 with respect to the instant real estate (hereinafter “instant loan agreement”). Defendant B agreed to obtain a loan of KRW 12,70,000 from the Plaintiff at the end of August, 2016 (hereinafter “instant loan obligation”), and on August 29, 2016, transferred the instant lease deposit repayment claim to the Plaintiff as security for the instant loan obligation, and received a notification of the transfer of credit to Defendant Korea Land and Housing Corporation by signing a written notice and sealing on August 29, 2016, and the said assignment of credit reached Defendant Korea Land and Housing Corporation on August 30, 2016.

On August 31, 2016, Defendant B received the instant loan on August 31, 2018, and provided the Plaintiff with a clear statement of performance stating that “In the event that he is unable to repay the principal and interest of loan by the due date, he/she shall, even within the lease term, promptly order the lessor to order the lessor to return all the lease deposit to the lessor and deliver it to the Plaintiff.”

3) Defendant B did not pay the principal and interest by August 31, 2018, which is the maturity date of the instant loan obligations. [Grounds for recognition] Evidence A1 through 6 (where there is a serial number, each entry, including a serial number, and the purport of the entire pleadings.

B. According to the above facts of recognition as to the cause of the claim, the lease contract of this case is terminated in relation to the relationship with the plaintiff.