건물명도 및 양수금
1. Defendant A shall deliver to the Korea Land and Housing Corporation the buildings listed in the separate sheet.
2. Defendant.
1. Facts of recognition;
A. On November 27, 2015, Defendant A entered into a lease agreement with Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) to lease a building listed in the separate sheet (hereinafter “instant building”) by setting the lease deposit of KRW 17,398,00, monthly rent of KRW 85,350, monthly rent of KRW 85,350, and the term of lease from December 1, 2015 to November 30, 2017.
(hereinafter “instant lease agreement”). B.
On December 20, 2016, the Plaintiff loaned KRW 22.6 million to Defendant A on December 20, 2016 at the due date set at 16% per annum of interest (hereinafter “instant loan”). On the same day, the Plaintiff was transferred from Defendant A the right to return the lease deposit under the instant lease agreement, which the said Defendant had against the Defendant Corporation.
C. On December 20, 2016, the Plaintiff was delegated with the authority to notify the assignment of claims by Defendant A, and notified Defendant Corporation of the said assignment of claims, and the said assignment of claims reached Defendant Corporation at that time.
When Defendant A transferred the claim to return the lease deposit of this case to the Plaintiff as above, Defendant A prepared a letter of commitment to the effect that, even within the term of lease, the Plaintiff would be able to directly refund the lease deposit from the Defendant Corporation with respect to the building of this case and immediately deliver the building to the Plaintiff or to the Plaintiff designated by the Plaintiff, so that the Plaintiff could be able to directly return the lease deposit from the Defendant Corporation even within the term of lease.
E. From March 2017, Defendant A lost the benefit of time due to the Plaintiff’s failure to pay interest on the instant loan from March 2017.
[Evidence Evidence: Descriptions of Evidence Nos. 1 through 8 and the purport of the whole pleadings]
2. Judgment on the parties' arguments
A. According to the above facts of recognition as to the cause of the claim, the instant lease agreement between the defendant A and the defendant Corporation expired.