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1. Defendant A shall deliver to the Seoul Housing and Urban Corporation the real estate listed in the separate sheet.
2. Defendant.
Reasons
1. Facts of recognition;
A. On November 26, 2014, Defendant A entered into a lease agreement with Defendant Seoul Housing Corporation (hereinafter “Defendant Corporation”) by setting the lease deposit amount of KRW 28,140,00, monthly rent of KRW 171,300, and the lease term of KRW 2 years. On December 22, 2016, Defendant A renewed the lease agreement by maintaining the lease term from January 1, 2017 to December 31, 2018 and maintaining the remainder equally.
(hereinafter referred to as “instant lease contract”). B.
On June 23, 2016, Defendant A received a loan of KRW 28,100,000 with interest rate of KRW 11.5% per annum, and due date on December 31, 2016 (the due date was changed to December 31, 2018 according to the agreement between the parties), and if Defendant A fails to pay the principal and interest by the due date, Defendant A agreed to deliver the instant real estate to the Defendant Corporation even after the due date of the instant lease agreement.
C. On June 23, 2016, Defendant A transferred to the Plaintiff a refund claim of KRW 28,140,000 under the instant lease agreement, and notified the Defendant Corporation of the assignment of the claim.
Defendant A lost a benefit due to his failure to pay interest on the above loan, and the Plaintiff notified Defendant A of the scheduled commencement of the legal procedure on the ground that the principal and interest of the loan was not repaid on January 23, 2018. However, Defendant A did not pay the Plaintiff the principal and interest of the loan up to now.
E. Prior to September 2018, Defendant A paid monthly rent (amounting to KRW 2,814,140) for 16 months, and paid management expenses (amounting to KRW 1,926,610) for 20 months. Defendant A delayed payment to Defendant Corporation.
F. On March 19, 2018, the duplicate of the complaint of this case was served on Defendant A. The Plaintiff terminated the instant lease agreement by subrogation of the Defendant on the ground that the monthly rent of Defendant A was overdue.