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(영문) 서울북부지방법원 2015.02.13 2014나21845
건물명도
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. (1) On February 1, 2013, the Plaintiff loaned a loan to the Defendant with interest of KRW 10 million per annum and KRW 10.5% per annum and due date on March 31, 2015. On March 11, 2013, the Plaintiff loaned a loan of KRW 3 million under the aforementioned conditions.

(2) On January 30, 2013, the Defendant transferred to the Plaintiff the lease deposit claim amounting to KRW 1,8140,000 to the Es.S. Corporation on the real estate listed in the separate sheet (hereinafter “instant building”) with respect to the repayment of the obligation to repay each of the above loans (hereinafter “instant building”), and notified the Nonparty Company of the assignment of the claim at that time.

(3) On March 6, 2013, the Defendant agreed to terminate the lease agreement concluded with the non-party company and immediately deliver the instant building to the Plaintiff or to the person designated by the Plaintiff, where the Plaintiff fails to repay the principal and interest of the loan by the due date for the repayment of the respective loan obligation, or where the Plaintiff loses the benefit of each loan.

(4) From October 25, 2013, the Plaintiff lost the benefit of time due to the Plaintiff’s failure to pay interest on the loans of KRW 10 million.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2, Gap evidence 2-5, the purport of the whole pleadings

2. As seen earlier, the Defendant agreed to deliver the instant building to the Plaintiff or to the person designated by the Plaintiff in cases where the Plaintiff transferred the right to claim the return of the lease deposit for the instant building with respect to the guarantee of the obligation to return the loan, and the Defendant lost the benefit of time with respect to the loan of KRW 10 million. Thus, the Defendant is obliged to deliver the instant building to the Nonparty Company designated by the Plaintiff in accordance with the instant agreement.

3. Thus, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is without merit.

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