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(영문) 서울중앙지방법원 2020.10.29 2020가단5206284

건물인도

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 18, 2019, the Defendant borrowed 29.2 million won from the Plaintiff at the interest rate of 15.5% per annum and at the highest rate of 20% per annum.

(hereinafter “instant loan”). (b)

On April 18, 2019, the Defendant leased real estate listed in the separate sheet (hereinafter “instant real estate”) from the Korea Land and Housing Corporation by setting the lease deposit of KRW 29,274,00, monthly rent of KRW 198,850, monthly rent of KRW 198,850, and the lease period from April 18, 2019 to May 31, 2021.

(hereinafter “instant lease agreement”). C.

On April 18, 2019, the Defendant transferred to the Plaintiff all of the claim to refund deposit amounting to KRW 29,274,000 under the instant lease agreement (hereinafter “claim to Return Deposit”) and notified the Korea Land and Housing Corporation of the assignment of claim on the same day.

On April 18, 2019, the Defendant issued and delivered a letter of performance to the Plaintiff, stating that “In the event that the Plaintiff is unable to pay the principal and interest of the loan by the due date or due date for repayment, even within the lease term, the Plaintiff is able to cancel the instant lease contract so that the Plaintiff may directly return the lease deposit from the lessor and promise to order the Plaintiff or the person designated by the Plaintiff to immediately order the building.”

E. The Defendant is in arrears in paying the principal and interest of this case and has already lost the benefit of the time of filing the lawsuit of this case.

【Legal basis for recognition】 Each entry of evidence Nos. 1 to 6, and the purport of the whole pleadings

2. Determination on the legitimacy of a lawsuit

A. The Plaintiff is a creditor who acquired the instant claim for the refund of deposit from the Defendant and exercises the right to claim the transfer of the instant real estate held by the Korea Land and Housing Corporation against the Defendant in accordance with the instant lease agreement by subrogation for the sake of securing the said claim.

B. According to Article 404(2) of the Civil Act, the same shall apply.