건물인도 등
1. Defendant A shall deliver Cheongyang-gun, 201 Dong 403 to the Korea Land and Housing Corporation.
2. Defendant.
1. Facts of recognition;
A. Around October 8, 2009, Defendant A entered into a lease agreement with the Defendant Korea Land and Housing Corporation on Cheongyang-gun, 201 Dong 403 (hereinafter “instant apartment”) and continued to reside in the instant apartment on January 24, 2014 with the Defendant Korea Land and Housing Corporation by entering into a lease agreement between the Defendant and the Korea Land and Housing Corporation by the end of January 31, 2016.
B. On July 30, 2014, the Plaintiff loaned KRW 5,000,000 to Defendant A an interest rate of KRW 5,000,000 from the Plaintiff on July 30, 2014, at the rate of six-month fluctuation rate (the first 5.5% per annum), at the rate of 8% per annum per annum within 30 days in arrears, at the rate of 8% per annum within 30 days in arrears, at the rate of 10% per annum exceeding 30 days in arrears, at the rate of 12% per annum exceeding 90 days in arrears, and at the rate of 12% per annum exceeding 90 days in arrears, respectively, on July 31, 2016.
C. Defendant A entered into an agreement with the Plaintiff on the transfer of claim between the Plaintiff and Defendant Korea Land and Housing for the transfer of the claim for the refund of the lease deposit amount equivalent to KRW 7,688,00 regarding the apartment of this case with respect to the Defendant Korea Land and Housing Corporation in order to secure the obligation for the loans as set forth in the above B B, and
However, from December 10, 2015, Defendant A began to delay the repayment of this fund with respect to the loans specified in the foregoing Paragraph (b).
[Based on Recognition: to Defendant A, deemed confessions pursuant to Article 150(3) and (1) of the Civil Procedure Act; to Defendant Korea Land and Housing Corporation, the respective descriptions of evidence Nos. 1 through 6 and the purport of whole pleadings)
2. According to the above facts finding as to the cause of the claim, the lease agreement between the Defendants on the instant apartment was lawfully terminated on January 31, 2016 due to the expiration of the period.
Therefore, in order to seek the performance of the lease deposit that the Plaintiff acquired by Defendant A, the creditor of the apartment of this case, there is a need for Defendant A’s house delivery, the lessee of this case, to do so.