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(영문) 수원지방법원 2018.08.16 2018가단503350
건물명도(인도)
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

1. Facts of recognition;

A. On December 17, 2015, the Defendant entered into a lease agreement with the Korea Land and Housing Corporation on the real estate listed in the separate sheet (hereinafter “instant apartment”) with regard to the lease deposit of KRW 17,259,00, KRW 117,620 per month, and the period from January 1, 2016 to December 31, 2017 (hereinafter “instant lease agreement”), and occupied and used the instant apartment until now.

B. On January 4, 2013, the Defendant received a loan from the Plaintiff at KRW 12,00,000 on a yearly rate of 5.5% (change) and on December 31, 2013, with the maturity of repayment fixed, and, if the Plaintiff is unable to pay the principal and interest of the loan by the due date (or the due date for loss of the maturity period) the Plaintiff, the Defendant, without delay, promises the Korea Land and Housing Corporation to order the instant apartment by ordering the Plaintiff to return the deposit directly from the Korea Land and Housing Corporation even within the lease period, so that the Plaintiff can be able to receive the deposit directly.

(C) On the other hand, on December 27, 2012, the Defendant transferred KRW 15,700,000 to the Plaintiff, out of the lease deposit claims held against the Korea Land and Housing Corporation according to the instant lease agreement, and notified the Korea Land and Housing Corporation of the fact of transferring the said loan. D. The Defendant delayed the repayment of the principal and interest of loan and interest of loan and lost the benefit within the period on December 31, 2017. [In the absence of any dispute over the grounds of recognition, the entries in subparagraphs A and 6, and the purport of the entire pleadings.

2. According to the above facts of recognition, the plaintiff can seek delivery of the apartment of this case against the defendant according to the letter of this case or according to the expiration of the term of the lease contract of this case in order to exercise the claim to refund the above deposit money against the Korea Land and Housing Corporation. Thus, the defendant is obligated to deliver the apartment of this case to the Korea Land

3. Thus, the plaintiff's claim is justified.

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