beta
(영문) 인천지방법원 2019.01.09 2018가단201497

양수금

Text

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

2. Defendant.

Reasons

1. Facts of recognition;

A. On October 10, 2012, Defendant B entered into a lease agreement with the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) to lease real estate listed in the separate sheet (hereinafter “instant real estate”) from the Defendant Corporation by setting the lease deposit amount of KRW 26,841,00, monthly rent of KRW 190,730, and the lease term of November 30, 2014, and thereafter the said lease agreement was renewed on one occasion on November 30, 2016, and thereafter, the lease agreement was renewed again from December 1, 2016 to November 30, 2018.

B. The Plaintiff, while lending money to Defendant B as a security, was transferred KRW 28,129,00 from Defendant B to Defendant B on August 16, 2016, and Defendant B notified Defendant B of the transfer of the said transfer on August 16, 2016, and the notification of the transfer of the said transfer was reached to Defendant Corporation on August 17, 2016.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. Defendant B entered into a credit transaction agreement with the Plaintiff, and agreed to deliver the instant real estate to the Defendant Corporation where the principal and interest of the loan could not be repaid by the due date or the due date of payment. Defendant B lost the due date of November 18, 2017, and thus, Defendant B was obligated to deliver the instant real estate to the Defendant Corporation in accordance with the above order of payment.

(b) Article 208 (3) 2 of the Civil Procedure Act: Judgment based on the recommendation of confession;

3. According to the facts of the above recognition as to the claim against the Defendant Corporation, the Defendant Corporation shall deliver the instant real estate from Defendant B to the Plaintiff at the same time, and pursuant to the real estate lease agreement between the Defendants, from KRW 28,129,00 to KRW 28,129,00,00, the Plaintiff acquired by the Plaintiff.