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(영문) 인천지방법원부천지원 2020.10.06 2020가단116700

건물인도

Text

1. The defendant shall deliver real estate listed in the attached list to the Korea Land and Housing Corporation.

2...

Reasons

1. Facts of recognition;

A. On July 2, 2019, the Plaintiff entered into a loan agreement with the Defendant to grant a loan of KRW 12,600,000 to the Defendant at the maturity of July 2, 2021, the interest rate of KRW 15.5% per annum, and delayed damages rate of KRW 18.5% per annum (hereinafter “instant loan agreement”).

(B) The principal and interest of this case under the loan contract of this case (hereinafter referred to as the "principal and interest of this case").

Around June 2019, the Defendant entered into a lease agreement with the Korea Land and Housing Corporation to lease real estate listed in the list of real estate in attached Form (hereinafter “instant building”) with the lease deposit amount of KRW 12,630,00 and the lease term of KRW 12,630,00 from June 26, 2019 to July 31, 2021.

On July 2019, the Defendant paid KRW 12,630,000 (hereinafter “instant lease deposit”) to the Korea Land and Housing Corporation under the said lease agreement. At that time, the instant building was handed over.

C. On July 1, 2019, the Defendant transferred to the Plaintiff the claim to return the instant leased deposit to the Korea Land and Housing Corporation to secure the principal and interest of the loan, and on the same day, notified the Korea Land and Housing Corporation of the transfer of the said claim.

On July 2, 2019, the Defendant entered into an agreement with the Plaintiff, stating that “When the Defendant is unable to pay the principal and interest of this case by the due date (or the due date) the due date (or the due date), the Defendant may, even during the lease period of the instant building, have the Plaintiff be able to directly return the instant lease deposit, etc. from the lessor, and promise to immediately order the Plaintiff or the person designated by the Plaintiff to order the instant building (hereinafter “instant agreement”).

E. The Defendant lost the interest of the principal and interest of the instant loan by failing to pay the agreed interest on April 2020 and May 2020 under the instant loan agreement.

[Grounds for recognition] without dispute;