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(영문) 의정부지방법원 2018.10.17 2017가단136061

건물명도(인도)

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

On November 19, 2012, the Defendant entered into a contract with the Plaintiff (former mutual savings bank) to transfer a claim for refund of KRW 13,414,00 to the Korea Land and Housing Corporation to the Plaintiff (former mutual savings bank) on the same day. On the same day, the Plaintiff notified the Korea Land and Housing Corporation of the transfer of the above credit. On November 23, 2012, the Plaintiff loaned KRW 9.4 million to the Defendant on October 31, 2017 at the due date set at the rate of KRW 12.5% per annum (23.5% per annum), and the Defendant agreed to the Plaintiff that “if the above loan is not repaid, the lease contract shall be terminated and the real estate recorded in the attached list shall be delivered to the Plaintiff designated by the Plaintiff,” and the Defendant did not pay a debt of KRW 9,77,415 as of December 19, 2017 to the Plaintiff.

Therefore, since the defendant is obligated to deliver real estate stated in the attached list to the Korea Land and Housing Corporation designated by the plaintiff, the plaintiff's claim shall be accepted on the ground of its reasoning, and it is