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(영문) 수원지방법원여주지원 2020.11.24 2020가단3842

건물명도 및 양수금

Text

Defendant C delivers to the Korea Land and Housing Corporation the buildings listed in attached Form 1, and Defendant Korea Land and Housing Corporation.

Reasons

Indication of claims against Defendant C: as shown in attached Table 2.

The applicable provisions of applicable Acts: A lease agreement was concluded between the Defendants on December 6, 2017 with respect to the lease deposit amounting to KRW 19,378,00, rent amounting to KRW 107,780, and the lease terming to KRW 107,780 on January 2, 2018 or January 31, 2020 (hereinafter “instant lease agreement”). A lease agreement was concluded between the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) and the attached Table 1 (hereinafter “instant apartment”). Around that time, Defendant C had paid the above lease deposit to the Defendant Corporation and used the instant apartment after delivery of the instant apartment.

Since then, Defendant C and Defendant Corporation increased the rental deposit to KRW 29,172,00.

On February 12, 2020, the Plaintiff’s loan implementation on Defendant C determined and lent KRW 20 million to Defendant C at the interest rate of 13.5% per annum, 16.5% per annum, 16.5% per annum, and 12 February 2, 202.

Since then, Defendant C delayed the repayment of the above loan, and the principal of the loan remaining as of June 24, 2020 is KRW 20 million and interest KRW 855,137.

On February 7, 2020, Defendant C transferred to the Plaintiff the claim for refund of the lease deposit to the Plaintiff for the amount of KRW 29,172,00 (amount increased) of the lease deposit under the instant lease agreement to the Plaintiff.

On the same day, the Plaintiff was delegated by Defendant C with the authority to notify the transfer of claims to Defendant C, and the above notification reached Defendant Corporation at that time.

The plaintiff, on behalf of the defendant C, expressed his/her intention to terminate the lease contract of this case by delivering a copy of the complaint of this case to the defendant Corporation, and the defendant Corporation did not raise any objection against the plaintiff's declaration of termination.

[Based on recognition] There is no dispute, Gap evidence Nos. 1- 7, respectively.