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(영문) 수원지방법원안양지원 2020.02.07 2019가단117765 (1)
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. Determination on the cause of the claim

A. 1) On December 1, 2016, the Defendant entered real estate in the attached Form list, which is a rental house, from the Korea Land and Housing Corporation (hereinafter “instant apartment”).

) A lease deposit amounting to KRW 7.8 million, monthly rent of KRW 143,00, and lease term is fixed as of December 31, 2018 (hereinafter “instant lease agreement”).

(2) From around December 8, 2016, the Defendant received a loan from the Plaintiff at a rate of 6.5% per annum, overdue interest rate of 12.5% or 23%, and the due date of repayment on January 31, 2019. As a collateral, on December 6, 2016, the Defendant transferred the right to return the lease deposit under the instant lease agreement to the Plaintiff. The Defendant notified the Korea Land and Housing Corporation of the said assignment of the said assignment on the same day, and then notified the said assignment to the Korea Land and Housing Corporation thereafter.

3) The Defendant terminated the instant lease agreement so that the Plaintiff can directly receive the lease deposit from the Korea Land and Housing Corporation even within the lease term if the Plaintiff fails to repay the principal and interest of the loan by the due date of the repayment of the loan or the due date loss, and entered into an express performance agreement to deliver the instant apartment to the Plaintiff or the Plaintiff immediately. However, the Defendant lost the benefit of January 31, 2019 by failing to pay the interest of the said loan to the Plaintiff. 4) The duplicate of the instant written complaint indicating the Plaintiff’s intention to terminate the instant lease agreement on behalf of the Defendant was delivered to the Korea Land and Housing Corporation on November 15, 2019.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7 (including a provisional number), the purport of the whole pleadings

B. According to the above facts of recognition, the lease contract of this case was terminated by the plaintiff who subrogated the defendant, and thus, the defendant is the defendant.

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