양수금 및 건물명도
1. Defendant A shall deliver to the Korea Land and Housing Corporation the real estate listed in the separate sheet.
2. Defendant.
1. Facts of recognition;
A. On September 13, 2012, Defendant A entered into a lease agreement between the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) and KRW 12,00,00, monthly rent of KRW 90,000, and the lease period from September 13, 2012 to October 31, 2014 (hereinafter “instant lease agreement”) and used the instant real estate upon delivery. The said lease agreement was renewed by November 19, 2014 as follows: (a) the lease agreement was renewed from November 19, 2014 to October 31, 2016.
B. On December 24, 2013, the Plaintiff entered into a credit transaction agreement with Defendant A, and on January 2, 2014, the Plaintiff loaned KRW 8,000,000 to Defendant A at a rate of 7.9% of the loan interest rate, a maximum of 19.9% of the overdue interest rate, and a maturity of 31 October 2014.
C. Upon entering into the above credit transaction agreement, Defendant A entered into a contract on credit transfer of KRW 12,00,000 against Defendant A’s claim for return of the lease deposit against Defendant Corporation. The assignment of the credit was notified to Defendant Corporation on December 26, 2013, and Defendant A agreed to the Plaintiff that “When the Plaintiff is unable to pay the principal and interest of the loan, the Plaintiff would deliver the instant real estate to the Plaintiff or the Plaintiff’s designated person immediately so that the Plaintiff would be able to receive the lease deposit directly from the lessor.”
After that, Defendant A lost the benefit of time by delaying the repayment of the loan.
[Ground for Recognition] Defendant A: Each entry in Gap evidence Nos. 1 through 6, the purport of the whole pleadings: The defendant corporation has no dispute, each entry in Gap evidence Nos. 1 through 6, and the purport of the whole pleadings
2. According to the facts of the judgment on the Plaintiff’s claim, the Defendant A is obligated to deliver the instant real estate to the Defendant Corporation as the Plaintiff seeks to designate as a person to receive the instant real estate pursuant to the above agreement with Defendant A, and the Defendant Corporation is from the Defendant A.