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(영문) 인천지방법원부천지원 2020.02.04 2019가단105131
건물명도(인도)
Text

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

2...

Reasons

1. Facts of recognition;

A. On September 28, 2017, the Plaintiff entered into a loan agreement with the Defendant to grant a loan of KRW 5,300,000 to the Defendant at the maturity of September 28, 2019, the interest rate of KRW 9.9% per annum, and the delay damages rate of KRW 12.9% per annum (hereinafter “instant loan agreement”).

(B) The principal and interest of this case under the loan contract of this case (hereinafter referred to as the "principal and interest of this case").

On September 2017, the Defendant leased real estate listed in the real estate list (hereinafter “instant building”) to be attached to the Korea Land and Housing Corporation from the Korea Land and Housing Corporation as KRW 5,735,00 (hereinafter “instant lease deposit”) and the lease term from September 22, 2017 to December 31, 2019.

C. On September 27, 2017, the Defendant transferred to the Plaintiff the claim to return the instant leased deposit to the Korea Land and Housing Corporation in order to secure the principal and interest of the loan of this case, and on the same day, notified the Korea Land and Housing Corporation of the said assignment of claim.

On September 28, 2017, the Defendant concluded an agreement with the Plaintiff, stating that “When the Defendant is unable to pay the principal and interest of the instant building by the due date (or the due date for the loss of the term), even during the lease period of the instant building, the Plaintiff would terminate the lease agreement concluded on the instant building so that the Plaintiff may directly recover the lease deposit, etc. from the lessor, and promise to immediately order the Plaintiff or the Plaintiff’s designated entity to order the instant building (hereinafter “instant agreement”).

E. The Defendant did not pay the Plaintiff the principal and interest of the instant loan even after September 28, 2019, the due date for repayment under the instant loan agreement.

[Reasons for Recognition] Unsatisfy, entry of Gap 1 through 6, the purport of the whole pleadings

2. Comprehensively taking account of the facts acknowledged in paragraph (1) of the determination on the cause of the claim, the Defendant did not pay the principal and interest of the instant case by September 28, 2019, the due date for repayment.

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