(영문) 의정부지방법원 2019.06.21 2018가단137535

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(영문) 의정부지방법원 2019.06.21 2018가단137535

건물명도(인도)

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1. The defendant shall deliver to the non-party E the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Facts of recognition;

A. On May 11, 208, the Defendant entered into a lease agreement between Nonparty E (hereinafter “E”) and Nonparty E (hereinafter “E”) under which the lease deposit amount was KRW 190,00,000, and the lease period was from May 12, 2018 to May 11, 2019, with respect to the real estate listed in the separate sheet (hereinafter “instant housing”).

(hereinafter “instant lease agreement”). B.

On July 17, 2018, the Defendant took out a loan of KRW 209,00,000 from the Plaintiff, and transferred to the Plaintiff the right to refund the lease deposit under the instant lease agreement as security for the loan obligation, and notified E of the fact of transfer on the same day.

C. Around that time, the Defendant: “I or the obligor took out a loan from the Plaintiff and transferred to the Plaintiff the claim for return of the lease deposit for the instant house that I or the obligor had against the lessor; and, if you fail to pay the principal and interest of the loan by the due date (or the due date for the loss of the maturity), I or she promised to promptly order the lessor to order the lessor to return the lease deposit directly from the lessor, even during the due date, even if you are unable to pay the loan by the due date (or the due date).

From October 27, 2018, the Defendant delayed repayment of the principal and interest of loan from around October 27, 2018. The Plaintiff notified the Defendant of loss of interest within the period set forth in the FF Bank Credit Transaction Basic Terms and Conditions. Accordingly, the Defendant lost the due date, but failed to pay the principal and interest of loan.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, the purport of the whole pleadings

2. According to the above facts of determination, since the defendant failed to pay the principal and interest of the loan by the date of loss of the due date, the defendant is obligated to deliver the real estate of this case to E in accordance with the letter of commitment of this case.

Then, the plaintiff.

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