beta
(영문) 인천지방법원부천지원 2020.08.12 2020가단106147

건물인도

Text

1. Defendant C shall deliver to the Korea Land and Housing Corporation the real estate listed in the separate sheet.

2. Defendant.

Reasons

1. Basic facts

A. On April 11, 2013, Defendant C entered into a lease agreement with the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) on the real estate listed in the separate sheet (hereinafter “instant real estate”) with the lease deposit amounting to KRW 39,00,000, monthly rent of KRW 281,000, and each lease renewal agreement was entered into on May 29, 2015 and June 23, 2017 (hereinafter “instant lease agreement”), and Defendant C occupied and used the instant real estate as of the present time.

B. Around 2013, E Co., Ltd and Defendant C entered into a loan contract with Defendant C at KRW 36,500,000 (hereinafter “instant loan contract”) (hereinafter “instant loan contract”), and entered into a contract with the assignment of claims with respect to the right to claim the refund of the instant lease deposit in order to secure the repayment thereof.

C. On April 22, 2013, Defendant C sent a notice of assignment of claims to Defendant C to Defendant Corporation, and the said notice was served on Defendant Corporation around that time.

The instant lease agreement has been renewed twice, and the deposit has been increased, and at present, the amount of security deposit has been KRW 42,956,000, and on June 1, 2019, the lease contract period has expired.

The assignment of claims and the notification of assignment of claims have been made with respect to increased claims for refund of lease deposit.

E. On September 30, 2019, E Co., Ltd. transferred claims under the instant loan agreement to the Plaintiff, and notified the Defendant of the transfer of claims on October 1, 2019.

F. On November 19, 2019, the Plaintiff filed a payment order with Defendant C to pay the Plaintiff KRW 37,39,511 and KRW 36,50,00,00 from November 1, 2019 to November 25, 2019, the payment order was issued to the Plaintiff to pay the Plaintiff the amount calculated at the rate of 7.21% per annum, and the amount calculated at the rate of 12% per annum from the next day to the date of full payment and the expenses for demand procedure.