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(영문) 인천지방법원부천지원 2016.06.10 2015가단112292
양수금
Text

1. Defendant A shall deliver to the Korea Land and Housing Corporation the real estate listed in the attached Form.

2. Defendant.

Reasons

1. Following the facts of recognition are deemed to have been led to the confession between the Plaintiff and the Defendant, and between the Plaintiff and the Defendant Korea Land and Housing Corporation, the facts of recognition may be acknowledged by each of the evidence No. 1 to No. 7.

On August 20, 2009, Defendant A leased (hereinafter referred to as “instant lease”) real estate in attached Form from Defendant Korea Land and Housing Corporation at KRW 25,612,00,000.

B. On February 16, 2010, the National Agricultural Cooperative Federation granted a loan of KRW 17,920,000 to Defendant A with a maturity of KRW 8.5% per annum of interest on February 16, 2012 (hereinafter “instant loan”), and thereafter the maturity was extended on February 16, 2014.

C. On January 29, 2010, the National Agricultural Cooperative Federation acquired 25,612,000 won from Defendant A to secure the above loans from Defendant Korea Land and Housing Corporation, and Defendant A notified Defendant A of the same day in writing with a fixed date.

On March 2, 2012, the Plaintiff, a corporation established by division of the National Agricultural Cooperative Federation, comprehensively succeeded to its rights and obligations.

E. The lease of this case expired on February 1, 2015, and Defendant A did not repay the loan of this case.

2. According to the above facts of recognition, Defendant A has a duty to deliver the real estate listed in the separate sheet to Defendant Korea Land and Housing Corporation, and Defendant Korea Land and Housing Corporation has a duty to deliver the real estate to the Plaintiff at the same time to the Plaintiff from KRW 25,612,00 to the Plaintiff by the date of completion of delivery of the real estate under the instant lease agreement between the Defendants and the Defendant Korea Land and Housing Corporation.

3. In conclusion, the plaintiff's claim against the defendants is accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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