건물명도(인도)
1. Defendant B shall deliver to the Korea Land and Housing Corporation the real estate listed in the attached Form.
2. Defendant.
1. The following facts are: (a) the Plaintiff and Defendant B are deemed to have no dispute pursuant to Article 150 of the Civil Procedure Act; and (b) the Plaintiff and the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) may either have no dispute between them, or may be recognized by taking into account the overall purport of the pleadings as a whole.
On October 4, 2016, Defendant B entered into a contract with the Defendant Corporation to lease the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by the Defendant Corporation by setting the deposit amount of KRW 30,830,00, monthly rent of KRW 131,080, and the period of KRW 130,080, and the period of September 30, 2018 (hereinafter “instant lease contract”) and pays the deposit amount of KRW 30,830,000 to the Defendant Corporation, and is occupying and using the instant real estate.
B. On July 4, 2018, Defendant B received a loan of KRW 24,600,000 from the Plaintiff on October 31, 2018, and agreed to transfer the instant real estate to the Defendant Corporation by cancelling the instant lease agreement even during the lease term, if the Plaintiff transferred the lease deposit claim on the instant real estate as security, and the repayment of the principal and interest of the loan is not possible by the due date (including the date of loss of the due date).
C. On July 2, 2018, Defendant B sent a notice of the assignment of the claim to Defendant Corporation by mail, which reaches the Defendant Corporation on July 3, 2018.
The amount of the Plaintiff’s principal and interest on the above loan is KRW 26,845,358 [the principal = interest of KRW 24,60,000 (including interest in delay) 2,245,358] as of May 1, 2019, and the interest rate in arrears thereafter is 14% per annum.
2. The Plaintiff asserts that the instant lease agreement was terminated on September 30, 2018 by the lapse of the agreed period, etc., and the Defendant B is deemed to have no dispute over the said assertion pursuant to Article 150 of the Civil Procedure Act.
Thus, the real estate of this case is related.