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1. The defendant shall deliver the real estate listed in the attached list to the Korea Land and Housing Corporation. 2. The defendant shall bear the costs of lawsuit.
Reasons
1. Basic facts
A. On September 9, 2016, the Defendant entered into a lease agreement with the Korea Land and Housing Corporation under which the real estate listed in the attached list (hereinafter “instant apartment”) was leased with KRW 10,794,00, monthly rent of KRW 98,570, and the lease term from September 9, 2016 to October 31, 2018 (hereinafter “instant lease agreement”).
B. On April 3, 2017, the Defendant borrowed KRW 7,000,000 from the Plaintiff at interest rate of 24.9% per annum, 27.9% per annum, and 27.9% per annum, and the credit period expiration date on April 3, 2019 (hereinafter “the instant loan agreement”).
On April 3, 2017, the Defendant transferred the above lease deposit repayment claim to the Plaintiff to secure the Plaintiff’s obligation for loans. On the same day, the Plaintiff sent the notice of the transfer of claims by certified mail to the Korea Land and Housing Corporation with the authority delegated by the Defendant to notify the transfer of claims, and the said notice of transfer reached the Korea Land and Housing Corporation at that time.
(d)
Meanwhile, at the time of the above loan, the Defendant prepared a letter of performance to the effect that “if the Plaintiff fails to pay the loan principal by the due date or the due date for repayment (the date of loss of the due date), the Defendant would terminate the lease contract concluded with the lessor with respect to the apartment of this case and promise to deliver the apartment immediately to the person designated by the Plaintiff, even if the lease is in existence, so that the Defendant may directly return the lease deposit from the lessor.” (hereinafter “instant extradition agreement”).
E. Since the instant lease agreement, the term of lease was extended on October 31, 2020.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 3 (if there are several numbers, including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination
A. In full view of the above-mentioned facts of determination as to the cause of the claim and the contents of Gap evidence Nos. 4 and 6, the defendant's loan contract of this case.