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(영문) 대전지방법원 2017.12.19 2017가단3106
건물명도
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

Facts of recognition

A. In the past, the Defendant leased from the Korea Land and Housing Corporation the real estate listed in the separate sheet (hereinafter “the apartment of this case”) in KRW 30,000,000, and paid the deposit in full and resided therein.

On October 28, 2014, the Defendant entered into a contract to renew the existing lease at KRW 31,440,000 for the Korea Land and Housing Corporation and the period from November 1, 2014 to October 31, 2016, and the monthly rent at KRW 14,620, and thereafter paid KRW 1,440,00 to the Korea Land and Housing Corporation.

(hereinafter “instant lease agreement”). B.

On September 30, 2015, the Plaintiff loaned KRW 37,700,000 to B on September 30, 2015, at the rate of 12% per annum and 24% per annum on September 30, 2017, the expiration date of the credit period, and the Defendant guaranteed the Plaintiff’s loan obligations to the Plaintiff on the same day, and the Defendant provided the Plaintiff with a deposit refund claim against the Korea Land and Housing Corporation as a security for the said obligations, and notified the Korea Land

In addition, on the same day, the defendant prepared a letter of performance to the plaintiff stating that "if you fail to pay the principal and interest of the loan by the due date (or due date for the repayment), you will terminate the lease agreement entered into with the lessor with respect to the above real estate so that you may directly receive the repayment of the deposit from the lessor, and order the lessor to order the lessor to immediately return or return (if necessary, no objection is raised even if you notify the lessor of the termination of the lease agreement by subrogation of the principal)".

C. B From November 1, 2016, starting with the arrears of interest, B lost the benefit of December 1, 2016, and as of February 2, 2017, the principal and interest of interest shall be KRW 39,98,951.

The plaintiff filed this case against the Korea Land and Housing Corporation on November 8, 2017 by subrogation of the defendant.

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