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(영문) 서울서부지방법원 2015.03.27 2014가합33765

양수금 등 청구의 소

Text

1. Defendant A shall deliver the real estate indicated in the attachment to Defendant SP Corporation.

2. Defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff, while lending money to Defendant A as a security, transferred the right to refund KRW 110,670,000 to the attached real estate in which Defendant A acquired from Defendant A on two occasions on December 21, 2010 and February 6, 2013, and agreed to deliver the said real estate to a person designated by the Plaintiff even before the expiration of the lease term if Defendant A and Defendant A lose the benefit of the term of the above loan.

B. Accordingly, on December 21, 2010 and February 6, 2013, Defendant A notified Defendant A of the assignment of claims to Defendant SP Corporation respectively.

C. After that, Defendant A lost the benefit of time by delaying the payment of interest on the money borrowed from the Plaintiff, and delayed payment of 569,020 won for the management expenses for the real estate indicated in the attached Form.

[Ground of Recognition] Defendant A: Confession (Article 150(3) of the Civil Procedure Act) (Article 150(3)): The fact that there is no dispute, each entry of evidence Nos. 1 through 6 (including branch numbers, if any), and the purport of the whole pleadings

2. According to the facts of the above recognition, Defendant A has a duty to deliver the real estate listed in the separate sheet to Defendant EP, and Defendant EP has a duty to pay the remainder of KRW 10,100,980,00, after deducting the management expenses in arrears from KRW 110,670,000, as well as the delivery of the said real estate from the Defendant A, deducted the management expenses in arrears from KRW 110,670,00.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition by admitting all of them.