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(영문) 수원지방법원 여주지원 2021.02.18 2020가단2511

건물명도 및 양수금

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Defendant C delivers to Defendant Korea Land & Housing Corporation a building listed in the attached Table.

Reasons

1. Facts of recognition;

A. On May 31, 2016, Defendant C concluded a lease agreement with the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) on the attached list (hereinafter “instant building”), setting the lease deposit of KRW 19,567,00, monthly rent of KRW 206,130, and the term of lease from May 1, 2016 to April 30, 2018 (hereinafter “instant lease agreement”). (b) On March 3, 2017, the Plaintiff leased KRW 19,50,000 to the Defendant Company on a deposit basis with the interest rate of KRW 14.5% per annum (hereinafter “the instant loan”). The Defendant was assigned the instant lease agreement with the Defendant on the deposit deposit of KRW 19,50,00 as security, and the Defendant was assigned to the Corporation on the deposit of KRW 19,50,00 from the Defendant on the deposit of KRW 14.5% per annum (hereinafter “the instant loan”).

(c)

On February 23, 2017, the Plaintiff delegated the Defendant C with the authority to notify the transfer of the claim, and notified the Defendant Corporation of the transfer of the claim, and that notification reached the Defendant Corporation around that time.

(d)

When transferring the claim for the return of the lease deposit of this case to the Plaintiff as above, Defendant C prepared a letter of performance stating that “In the event that Defendant C fails to pay the loan principal by the due date (or the date of loss of the due date) the due date for payment (or the date of loss of the due date), even within the due date, the Plaintiff would be able to directly recover the lease deposit from the Defendant Corporation with respect to the building of this case and deliver the building to the Plaintiff or to the person designated by the Plaintiff immediately.”

E. Defendant C only paid interest on the instant loan to the Plaintiff before February 4, 2019, and did not pay the said loan interest so far.

[Evidence : The purport of the whole of the statements and changes in Gap evidence No. 1 to 6]

2. According to the above facts of recognition as to the cause of the claim, this case between Defendant C and the Defendant Corporation.