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(영문) 인천지방법원부천지원 2020.11.20 2020가단108549

건물인도

Text

1. The defendant shall deliver to the Korea Land and Housing Corporation real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Facts of recognition;

A. On February 23, 2018, the Defendant entered into a loan agreement to lend KRW 36,000,000 from the Plaintiff with the interest rate of KRW 10.3% per annum on February 23, 2020 (hereinafter “instant loan agreement”).

(B) The principal and interest of this case under the loan contract of this case (hereinafter referred to as the "principal and interest of this case").

On February 23, 2018, the Defendant entered into a lease agreement between the Korea Land and Housing Corporation and the Korea Land and Housing Corporation (hereinafter “instant apartment”) under which the lease deposit amount is KRW 36,338,00, and the lease term is the period until April 30, 2020.

The defendant paid the lease deposit (hereinafter referred to as the "lease deposit of this case") to the Korea Land and Housing Corporation according to the above lease contract, and has resided until now after being delivered the apartment of this case.

C. On February 23, 2018, the Defendant transferred to the Plaintiff the instant lease deposit claim against the Korea Land and Housing Corporation in order to secure the principal and interest of the loan of this case, and notified the Korea Land and Housing Corporation of the transfer of the said claim.

On February 23, 2018, when the Defendant is unable to pay the principal and interest of the instant apartment by the due date (or the due date for the loss of the term) the Defendant terminated the lease contract, etc. concluded with the lessor with respect to the instant apartment so that the Plaintiff can be directly refunded the deposit, etc. from the lessor even during the lease term of the instant apartment, and immediately promised to surrender the instant apartment to the Plaintiff or the person designated by the Plaintiff and issued it to the Plaintiff.

E. Currently, the maturity of the instant loan contract has expired, and the Defendant is delinquent in paying the principal and interest of the instant loan.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. According to the above facts of judgment, the defendant has the term of lease on the apartment of this case.