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(영문) 수원지방법원여주지원 2019.03.28 2018가단6312
건물명도 및 양수금
Text

1. Defendant C shall deliver to the Korea Land and Housing Corporation the buildings listed in the separate sheet.

2. Defendant.

Reasons

1. Facts of recognition;

A. On June 29, 2015, Defendant C entered into a lease agreement with Defendant C to lease (hereinafter “instant lease agreement”) with regard to the buildings listed in the separate sheet (hereinafter “instant building”) with the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) by setting the lease deposit amount of KRW 27,624,00, monthly rent of KRW 149,620, and the lease term of KRW 149,620, and from July 1, 2015 to June 30, 2017.

B. On September 8, 2015, the Plaintiff loaned KRW 33.1 million to Defendant C at the maturity of 12.4% per annum (hereinafter “instant loan”). On September 8, 2015, the Plaintiff received from Defendant C the right to refund the leased deposit amount of KRW 27,624,000 under the instant lease agreement, which the said Defendant had against the Defendant Corporation.

C. On September 8, 2015, the Plaintiff was delegated with the authority to notify the assignment of claims by Defendant C, and notified the Defendant Corporation of the assignment of claims, and the said notification reached Defendant Corporation around that time.

In transferring the claim for the return of the lease deposit of this case to the Plaintiff, Defendant C prepared an explanatory note to the effect that “When Defendant C fails to pay the principal and interest of the loan by the due date (or the due date for the repayment of the lease deposit), the Plaintiff will immediately deliver the building of this case to the Defendant Corporation upon the expiration of the contract period concluded with Defendant C with the Defendant Corporation, and if necessary, there is no objection even if the Plaintiff notified the Defendant Corporation of the refusal to renew the lease contract by subrogation of the Defendant C.”

E. Defendant C did not pay interest on the instant loan since September 25, 2017 to the Plaintiff.

[Evidence Evidence: Descriptions of Evidence Nos. 1 through 6 and the purport of the whole pleadings]

2. According to the above facts of recognition as to the cause of the claim, Defendant C and the Defendant.

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