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(영문) 광주지방법원 2016.08.10 2016가단5066
건물명도 등
Text

1.(a)

Defendant A shall order the Korea Land and Housing Corporation to order the real estate listed in the attached list.

(b) the defendant.

Reasons

1. Basic facts

A. On June 26, 2012, the Plaintiff and Defendant A entered into a loan transaction agreement with the main content as follows:

The base date on June 29, 2012, the base date of the loan interest rate of 4.26% loan interest rate of KRW 6,900,000 as of June 29, 2012, and the interest rate of KRW 2.00% loan period of 50 months overdue interest rate of KRW 19.00% due on July 31, 2016.

B. The Defendant A and the Defendant Korea Land and Housing Corporation concluded a housing lease agreement with respect to the real estate stated in the attached list as follows:

Terms of the housing lease contract between June 2012 to July 30, 2014; KRW 57,140 of the monthly rent of KRW 10,390,000;

C. On June 26, 2012, the Plaintiff entered into an agreement with Defendant A on the assignment of claims for the return of housing lease deposit against Defendant Korea Land and Housing Corporation, and Defendant A notified the transfer of claims to Defendant Korea Land and Housing Corporation, and thereafter the said notification reached the Defendant Korea Land and Housing Corporation.

Defendant A forfeited the interest on the above loans on June 29, 2015.

[Grounds for recognition] Gap 1, 2, 3 (including paper numbers), the purport of the whole pleadings

2. According to the facts of the above recognition, Defendant A was obligated to repay the above loan to the Plaintiff. Since the above lease contract expired, Defendant A was obligated to deliver the real estate stated in the separate sheet to the Korea Land and Housing Corporation. Defendant Korea Land and Housing Corporation is obligated to deliver the real estate stated in the separate sheet to the Defendant Korea Land and Housing Corporation. Defendant Korea Land and Housing Corporation received an order from the Defendant A to the Plaintiff at the same time from 10,390,000 won less all the claims (charges, management fees, taxes and public charges, etc.) held against Defendant A by the Korea Land and Housing Corporation under the lease contract between the Defendants until the completion date of the designation of the above building. The remaining amount of KRW 6,20,00,000 and the above money is within the scope of the deposit.

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