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(영문) 수원지방법원여주지원 2020.02.18 2019가단7015
건물명도및양수금
Text

1. Defendant C shall deliver the buildings listed in attached Form 1 to the Korea Land and Housing Corporation.

2. Defendant.

Reasons

Indication of claims against Defendant C: as shown in attached Table 2.

The applicable provisions of applicable Acts: A lease contract was concluded between the Defendants and the Korea Land and Housing Corporation (Article 208(3)2 and Article 150(3) of the Civil Procedure Act) on October 23, 2013 with respect to the lease deposit amounting to KRW 15,120,000, rent amounting to KRW 122,00, rental fee amounting to KRW 122,00, rental period, and period of lease period from October 23, 2013 to November 30, 2015 (hereinafter “instant lease contract”). Around that time, Defendant C concluded a lease contract between the Defendants and the Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) with respect to the instant apartment on October 23, 2013 (hereinafter “instant apartment”).

Defendant C and Defendant Corporation renewed the instant lease agreement on November 30, 2015, extended the rental deposit to KRW 15,845,00, monthly rent to KRW 127,850, and changed the lease term from December 1, 2015 to November 30, 2017.

Defendant C renewed the instant lease agreement on November 8, 2017, and changed the term of lease from December 1, 2017 to November 30, 2019.

On July 24, 2017, the Plaintiff (i.e., the Plaintiff) lent KRW 21,900,000 to E at the interest rate of 16% per annum, 25% per annum, and due date of payment on July 24, 2019.

Since then, E has delayed the repayment of the above loan, and the principal of the loan remaining as of October 15, 2019 is KRW 21,900,00 and interest KRW 923,400.

On July 24, 2017, Defendant C transferred the right to return the lease deposit to the Plaintiff on July 24, 2017 (the increased amount on November 30, 2015) to Defendant C’s claim for the refund of KRW 15,845,000 (the increased amount) of the lease deposit under the instant lease agreement.

On the same day, the Plaintiff was delegated by Defendant C with the authority to notify the transfer of claims and notified the Defendant of the transfer to the Defendant Corporation at that time.

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