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(영문) 부산지방법원 동부지원 2017.02.15 2016가단211462
건물명도
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. Facts of recognition;

A. On January 22, 2016, the Defendant entered into a lease agreement between the Korea Land and Housing Corporation with regard to apartment units listed in the separate sheet from January 22, 2016 to February 28, 2018; the lease deposit is KRW 30,39,000; and the monthly rent is KRW 365,680.

(hereinafter “instant lease agreement”).

B. Meanwhile, on January 22, 2016, the Defendant obtained a loan of KRW 30,300,000 from the Plaintiff, and, in order to secure the above loan obligation, transferred the lease deposit claim of the instant lease contract to the Plaintiff to the Korea Land and Housing Corporation (hereinafter “the instant lease deposit claim”). On the same day, the Defendant notified the Korea Land and Housing Corporation of the transfer of the above credit. In addition, in the event that the above loan is unable to be repaid within the due date (or due date of loss of the due date) from the Defendant, the instant lease contract was terminated so that the Plaintiff can be directly returned from the lessor and the building was ordered to be ordered to be ordered immediately, and if necessary, there is no objection even if the Plaintiff notifies the lessor of the termination of the lease contract by subrogation of the Defendant.”

C. The Defendant’s obligation to the Plaintiff was lost the benefit of the time limit on July 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. The defendant did not pay interest on loans and lost the benefit of the time limit on July 2016. In accordance with the letter of explanation of this case, the defendant has a duty to clear possession of the real estate and deliver the real estate to the Korea Land and Housing Corporation.

The defendant asserts that he did not sufficiently hear the explanation at the time of receiving the loan from the plaintiff, and the plaintiff's claim is filed.

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