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(영문) 의정부지방법원 고양지원 2021.01.14 2020가단97404
건물인도
Text

1. Defendant B shall deliver to Defendant Korea Land and Housing Corporation the real estate listed in the separate sheet. 2.

Reasons

1. Basic facts

A. On May 18, 201, the Plaintiff made a repayment period of KRW 20 million to the Defendant on September 30, 201, with a maximum of 20% per annum of change interest rate and delay damage. By September 30, 2020, the payment period of the above consumption lending contract was extended by 6.79% per annum and 20% per annum of delay damages (hereinafter “instant loan”). B. Defendant B leased real estate (hereinafter “instant real estate”) from the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) with the lease period fixed from October 10, 2016, with the lease period of KRW 32,961,00,000, and the lease period of KRW 6.79 per annum and KRW 20 per annum (6.79%) from September 30, 2020.

(c)

On May 11, 2013, the Plaintiff received a letter of performance from Defendant B, stating that “When the Defendant is unable to pay the loan principal by the due date or the due date until the due date or the due date is lost, the Plaintiff would immediately deliver the instant real estate to the Plaintiff or the Plaintiff, after cancelling the lease agreement that the Defendant entered into with the Non-Party Corporation with respect to the instant real estate.” On May 16, 2011, the Plaintiff received a letter of performance from Defendant B, as security for the instant loan, the right to return the lease deposit under the said lease agreement that Defendant B had against the Defendant Corporation.

On the same day, Defendant B notified Defendant B of the receipt by the Plaintiff of the claim for the return of the above lease deposit against Defendant B’s Defendant Corporation.

(d)

The loan contract of this case provides that when delay between one month and one month from the time when interest is to be paid, it shall be for the reason for the loss of the benefit of time, and when the benefit of time is lost, it shall be paid for the balance of the loan immediately. Defendant B lost the benefit of time due to the failure to pay interest between 73 days and June 21, 2020 immediately before the instant lawsuit was filed, from April 10, 2020.

[Reasons for Recognition]

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