(영문) 수원지방법원 2017.08.30 2017가단515301

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(영문) 수원지방법원 2017.08.30 2017가단515301

건물명도(인도)

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

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Determination as to the cause of claim

A. 1) On October 8, 2010, the Defendant and the Korea Land and Housing Corporation stated in the separate sheet (hereinafter “instant apartment”) between the Defendant and the Korea Land and Housing Corporation.

2) As to the lease deposit (hereinafter “instant lease agreement”), a lease agreement which sets forth KRW 41,800,000 per month and KRW 285,000 per month (hereinafter “instant lease agreement”).

(2) On October 10, 201, the Defendant was granted a loan of KRW 35,50,000 from the Plaintiff on a due date set on November 17, 2013, and the Plaintiff is unable to pay the principal and interest of the loan by the due date (or the date of loss of the due date). In the event that the Plaintiff is unable to pay the principal and interest of the loan by the due date (the date of loss of the due date) to the Plaintiff, the Defendant’s contract with the Korea Land and Housing Corporation regarding the instant apartment will be terminated, and immediately order the Plaintiff or the person designated by the Plaintiff to issue a building order, and if necessary, no objection is raised even if the Plaintiff notifies the termination of the lease contract with the Korea Land and Housing Corporation on behalf of the Defendant. On November 1, 2011, the Defendant notified the Plaintiff of the fact that he/she was entitled to the refund of the lease deposit to the Korea Land and Housing Corporation.

3) The Defendant delayed the repayment of the principal and interest of the loan and forfeited the benefit of time on April 14, 2017. [The fact that there is no dispute over the grounds for recognition, entries in Gap evidence 1 through 5, and evidence 8, and the purport of the whole pleadings.]

B. According to the above facts of the judgment, the defendant is obligated to deliver the apartment of this case to the Korea Land and Housing Corporation designated by the plaintiff in accordance with the letter of this case.

2. The plaintiff's claim for conclusion is reasonable.

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