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(영문) 인천지방법원 부천지원 2021.01.19 2020가단122767
건물인도
Text

1. The defendant shall deliver to the Korea Land and Housing Corporation the real estate listed in the attached list of real estate to be delivered to it.

Reasons

1. Facts of recognition;

A. On July 5, 2018, the Plaintiff entered into a loan agreement with the Defendant to grant a loan of KRW 21,50,000 on July 5, 2020 due date, KRW 11.9% per annum, and KRW 14.9% per annum (hereinafter “the instant loan agreement”) (hereinafter “the instant loan agreement”). (b) Around June 2016, the Defendant entered into a lease agreement with the Korea Land and Housing Corporation to grant a lease of KRW 19,590,00 per annum, and from July 27, 2016 to July 27, 2018.

On July 2016, the Defendant paid KRW 19,590,000 (hereinafter “the lease deposit of this case”) to the Korea Land and Housing Corporation under the above lease agreement, and received delivery of the building of this case around that time.

(c)

On July 4, 2018, the Defendant transferred to the Plaintiff the instant claim for the return of the leased deposit to the Korea Land and Housing Corporation in order to secure the obligation for the instant loan doctrine, and notified the Korea Land and Housing Corporation of the transfer of the said claim on the same day.

(d)

On July 5, 2018, the Defendant entered into an agreement with the Plaintiff, stating that “If the Defendant fails to pay the instant loan doctrine by the date of repayment (or the date of loss of the due date), even during the lease term of the instant building, the Plaintiff would be able to directly recover the deposit, etc. of the instant building from the lessor. B. The Defendant would terminate the lease agreement, etc. of the instant building, etc., and promise to promptly order the Plaintiff or the Plaintiff’s designated person to order the instant building (hereinafter “instant agreement”).

E. The Defendant did not repay the principal and interest of the instant loan to the Plaintiff even after it became due on July 5, 2020, which was the date of repayment under the instant loan contract.

[Ground for recognition] Unsatisfy, A 1.

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