채권자대위권에 기한 부동산명도 등
1. The defendant shall deliver to the Korea Land and Housing Corporation real estate stated in the attached Form.
2. The costs of the lawsuit are assessed against the defendant.
1. Facts of recognition;
A. On August 29, 2013, the Defendant leased real estate listed in the separate sheet (hereinafter “instant real estate”) from the Korea Land and Housing Corporation at KRW 38,570,000, monthly rent 134,330.
B. On December 26, 2014, the Plaintiff lent KRW 30,800,00 to the Defendant (hereinafter “instant loan agreement”), and the Defendant transferred to the Plaintiff the claim for return of the lease deposit stated in the preceding paragraph to secure the obligation under the instant loan agreement, and at that time notified the Korea Land and Housing Corporation of the transfer.
C. On December 26, 2014, the Defendant agreed to the Plaintiff that “If the Defendant fails to repay the obligation under the instant loan agreement by the due date or the due date of the repayment or the due date of the repayment, the instant real estate shall be ordered to the Plaintiff or the Plaintiff’s designated person so that the Plaintiff may receive the refund of the lease deposit from the Korea Land and Housing Corporation even though the period of the lease specified in paragraph (1) has not expired (hereinafter “instant agreement”).”
The Defendant did not pay interest under the instant loan contract to the Plaintiff from December 2015.
E. On January 8, 2016, the Plaintiff sent a content-certified mail to the Defendant’s domicile, stating that “Inasmuch as the Plaintiff lost the benefit of time under Article 7 of the Standard Terms and Conditions for Credit Union Credit Transactions applicable to the instant loan contract due to delay, it would have attempted to repay the principal and interest of loans until January 12, 2016.”
F. The basic terms and conditions of credit transactions applicable to the instant loan contract are as follows.
Article 7 (Duty of Repayment before Due Date) (2) In cases where an obligor falls under any of the following subparagraphs with respect to the obligor, the obligor shall naturally lose the benefit of the deadline for the relevant obligation and shall pay it in full:
Provided, That the community credit cooperatives shall determine the whole of the following facts and the balance of loans by no later than seven business days prior to the date of loss of profits: