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 comprehensively taking account of the overall purport of the pleadings as indicated in the evidence Nos. 1 through 9 (including additional numbers), and No. 1.
On April 21, 2017, 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 (hereinafter “instant lease contract”) with a deposit of KRW 13,712,00, monthly rent of KRW 113,560, and the period of April 30, 2019 (hereinafter “instant lease contract”), and paid a deposit of KRW 13,712,000 to the Defendant Corporation, and is occupying and using the instant real estate.
B. On April 11, 2017, Defendant B received a loan of KRW 10,900,000 from the Plaintiff on May 31, 201, with a maturity of KRW 13,712,00,00 from the Plaintiff as a collateral 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 and the Plaintiff fail to pay the principal and interest of the instant real estate by the due date (including the date of loss of the due date).
C. Around April 7, 2017, Defendant B sent a notice of the assignment of the claim to Defendant Corporation by mail, which seems to reach Defendant Corporation around that time.
Defendant B defaulted on the payment of interest on the above loan and lost the benefit of May 31, 2019. The Plaintiff’s amount of the principal and interest on the above loan as of August 29, 2019 is KRW 11,192,657 (including interest on delay) [the principal amount = KRW 10,90,000 (including interest on delay) 292,657], and the subsequent overdue interest rate is 14% per annum.
2. The plaintiff to determine the claim against the defendant B shall terminate the lease contract of this case through the complaint of this case in subrogation of the defendant B.