건물인도
1. The defendant shall deliver the buildings listed in the attached list to D Co., Ltd.
2. The costs of the lawsuit are assessed against the defendant.
3...
1. Facts of recognition;
A. On June 8, 2016, the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with D (hereinafter “D”) with respect to the buildings listed in the separate sheet (hereinafter “instant building”) on the leased deposit amounting to KRW 44,620,00, and one-year contract period, with respect to the buildings listed in the separate sheet (hereinafter “instant building”).
After that, on June 29, 2017, the Defendant extended the lease contract by setting the lease term from July 1, 2017 to June 30, 2018, which increased the amount of KRW 46,850,000, and the lease term from July 1, 2017.
B. On the other hand, on June 29, 2016, the Plaintiff extended a loan of KRW 40,100,000 to the Defendant on June 29, 2019 (hereinafter “instant loan”); on the security of June 24, 2016, the Plaintiff received from the Defendant the claim for return of the lease deposit amount of KRW 44,620,000 under the instant lease agreement that the said Defendant had against D.
C. On June 24, 2016, the Defendant notified D of the transfer of the above claim pursuant to the above assignment contract, and the notification reached D on June 27, 2016.
In addition, at the time of receiving the instant loan from the Plaintiff, the Defendant, at the time of receiving the instant loan from the Plaintiff, drafted a letter of commitment to the effect that, “When the Defendant is unable to repay the principal and interest of loan by the due date (or due date for the repayment of the due date), the Plaintiff would terminate the lease agreement entered into with the lessor with respect to the instant building so that the Plaintiff may be directly refunded the leased deposit and deposit money from the lessor, and immediately order the Plaintiff or the Plaintiff to order the building (if necessary, there is no objection even if the Plaintiff notifies the lessor of the termination of the lease by subrogation of the Defendant).”
E. Although the maturity of the instant loan has arrived, the Defendant did not pay the principal and interest thereof.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 7, the purport of whole pleadings
2. Determination;