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(영문) 대전지방법원 홍성지원 2018.04.18 2017가단9725
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. On December 2016, the Defendant: (a) leased real estate listed in the separate sheet from the Korea Land and Housing Corporation (hereinafter “instant building”) at KRW 25,471,00 as lease deposit (hereinafter “instant lease agreement”); and (b) was handed over by the Korea Land and Housing Corporation the instant building.

On July 18, 2017, the Defendant determined that if the Plaintiff did not pay interest on the loan (hereinafter “instant loan”) as of 17.9% per annum and as of July 18, 2019, the Defendant would lose the benefit of the entire obligation of the instant loan without paying the interest on the loan (hereinafter “instant loan”).

At this time, the Defendant transferred to the Plaintiff the claim for return of the lease deposit amounting to KRW 25,471,00 under the instant lease agreement, and notified the Korea Land and Housing Corporation of the transfer of the claim on the same day. If the instant loan is not repaid by the due date or the due date for loss of payment or the due date, the Defendant promised to order the Plaintiff or the person designated by the Plaintiff to directly return the lease deposit from the Korea Land and Housing Corporation even

However, the defendant has lost the interest of the loan of this case by not paying the interest of the loan of this case, and according to the contents of the promise, the plaintiff has a duty to deliver the building of this case to the Korea Land and Housing Corporation designated as the party to the obligation.

2. Applicable Provisions of the Civil Procedure Act: Article 208(3)2 of the Civil Procedure Act provides the Defendant with a copy of the complaint of this case and only submitted a formal reply (the written reply does not include a “not” as indicated in the part “not”) and did not submit a written reply or a preparatory document containing specific contents. Since the Defendant did not appear on the date for pleading, it is deemed that all the Plaintiff’s allegations were led to confession under Article 150(3) of the Civil Procedure Act.

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