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(영문) 의정부지방법원 2019.07.11 2019가단100080
건물명도(인도)
Text

1. The defendant shall deliver to the Korea Land and Housing Corporation real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. On October 4, 2016, the Defendant leased real estate listed in the separate sheet from the Korea Land and Housing Corporation as KRW 32,839,00, monthly rent of KRW 274,800, and the lease period from November 1, 2016 to October 31, 2018.

(hereinafter referred to as “the lease of this case”) B.

On November 2, 2016, the Defendant: (a) received a loan from the Plaintiff on November 2, 2016 as the due date for repayment; (b) transferred the Plaintiff the claim for refund of the deposit deposit amounting to KRW 32,839,000 based on the instant lease to secure the obligation for the loan; and (c) notified the Korea Land and Housing Corporation of the said transfer.

On November 2, 2016, the Defendant issued and delivered a letter of commitment to the Plaintiff to the effect that “In the event of delinquency in the payment of principal and interest of the loan, the Plaintiff or the Plaintiff’s designated person shall be ordered to order the real estate indicated in the attached

C. The Defendant did not repay the loan to the Plaintiff even after the maturity date of the loan, and the sum of the principal, interest, etc. of the loan as of December 27, 2018 is KRW 43,283,817.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, since the lease of this case was terminated due to the expiration of the term, the defendant is obligated to deliver real estate listed in the attached list to the Korea Land and Housing Corporation, and the plaintiff can exercise the right of delivery by subrogation of the Korea Land and Housing Corporation in order to preserve the claim for refund of rental deposit

B. As to this, the Defendant asserted to the purport that the Plaintiff’s claim of this case is unjustifiable, since she received a decision to commence individual rehabilitation as 2018 U.S. District Court Decision 2018da10956.

On October 24, 2018, there is no dispute between the parties that the defendant applied for the commencement of individual rehabilitation procedures by the Jung-gu District Court No. 2018da10956.

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