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 April 21, 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 amount of KRW 31,295,00, monthly rent of KRW 212,40, monthly rent of KRW 2140, and the term of lease from May 1, 2015 to April 30, 2017.
(hereinafter “instant lease agreement”). The instant lease agreement was not renewed between Defendant A and Defendant Corporation after the said lease term expires.
B. On April 23, 2015, the Plaintiff loaned KRW 37.4 million to Defendant A at the maturity of payment on April 23, 2017 and at the rate of 13% per annum (hereinafter “instant loan”). On the same day as the security, the Defendant A transferred the right to return the lease deposit under the instant lease agreement that the said Defendant had against the Defendant Corporation.
C. On April 23, 2015, 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.
Defendant A lost the benefit of time due to the Plaintiff’s failure to pay interest on the instant loan from September 2016.
[Evidence Evidence: Written Evidence Nos. 1 through 7 and the purport of the whole pleadings]
2. According to the above facts of determination as to the cause of the claim, since the lease contract of this case between the defendant A and the defendant Corporation terminated due to the expiration of the lease term, the plaintiff's creditor who takes over the claim to return the lease deposit of this case is obligated to deliver the building of this case to the defendant Corporation, and the defendant Corporation is obliged to deliver the building of this case from the defendant Corporation to the plaintiff at the same time as the delivery of the above building from 31,295,000 to 31,295,000 to the date the delivery of the above building is completed.