beta
(영문) 수원지방법원 안양지원 2021.03.31 2020가단100749

건물인도

Text

Defendant B delivers to Defendant D Corporation the real estate listed in the attached list. Defendant D Corporation is from Defendant B.

Reasons

1. Facts of recognition;

A. On June 27, 2014, Defendant B entered into a contract with Defendant D Corporation (hereinafter “Defendant D Corporation”) under which the real estate (hereinafter “instant real estate”) indicated in the separate sheet was leased at KRW 51,720,00 (hereinafter “the instant deposit”), monthly rent of KRW 361,300, and the period until June 30, 2016 (hereinafter “the instant lease contract”) and entered into a lease agreement with Defendant D Corporation (hereinafter “the instant lease agreement”) and occupied and used the instant real estate.

B. On April 29, 2014, the Plaintiff extended a loan to Defendant B with the sum of KRW 41.2% per annum (the interest rate of KRW 9.2% per annum, repayment deadline of April 29, 2019), and KRW 46.5 million per annum (the interest rate of KRW 14% per annum and December 31, 2019) on December 31, 2014 (the repayment deadline of KRW 14% per annum, and December 31, 2019). The Plaintiff received the claim for the instant loan from Defendant B as security, and the Defendant B notified the transfer of the said bond by mail proving the contents of the loan to the Defendant Corporation around that time.

(c)

Defendant B delayed the repayment of the principal and interest of the instant loan and lost the benefit of the loan claim at each time of maturity. On November 25, 2019, the amount of debt of the loan principal based on B is KRW 48,933,944 (i.e., the total amount of KRW 46,50,000,000 in arrears, plus KRW 2,433,944).

(d)

On January 22, 2020, the copy of the complaint of this case, which the Plaintiff notified the termination of the instant lease agreement by subrogation of Defendant B, was served on the Defendants.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 7, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the instant lease agreement between the Defendants was terminated without being renewed any longer on June 30, 2020 as the expiration of the period.

Therefore, it is reasonable to view that Defendant B is obligated to deliver the instant real estate to the Defendant Corporation according to the subrogation claim exercised by the Plaintiff, a transferee of the instant security deposit claim, to preserve the relevant claim, barring any special circumstance.