(영문) 수원지방법원 2019.05.31 2018가단24994

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(영문) 수원지방법원 2019.05.31 2018가단24994

담보물권에 기한 인도, 방해배제등

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1. The Plaintiff:

A. Defendant B shall be the Plaintiff: (a) [the name of the representative on the business report listed in attached Table 1].

Reasons

1. Facts of recognition;

A. On August 18, 2017, Defendant B (hereinafter “Defendant B”) entered into a lease agreement with D (hereinafter “instant lease agreement”) with a deposit deposit of KRW 15,00,000, and KRW 1,200,000 for the leased property of KRW 125.36 square meters on the ship (hereinafter “the leased object of this case”) connected each point of (A) section 1,2,3,4, and 1,217.21 square meters on the second floor of the building listed in the list of 217.21 square meters on the 2nd floor of the building indicated in the list (attached Form 2) from D (hereinafter “instant lease agreement”).

B. Defendant B runs the food service business (hereinafter “instant business”) as indicated in the [Attachment 1] from the Sungsung market, and Defendant C occupies the leased object of this case based on the right of lease under the instant lease agreement of Defendant B (hereinafter “the right of lease of this case”).

C. On the other hand, on June 18, 2018, the Plaintiff lent KRW 80,000,000 to Defendant B for interest rateing to KRW 1,30,000 per month, and due date for payment by September 18, 2018 (hereinafter “instant loan”).

At the time, the Plaintiff agreed with Defendant B to transfer to the Plaintiff the instant right of lease and the instant business (hereinafter “instant business right”) in the event that Defendant B is unable to repay the instant loan obligations, Defendant B agreed to transfer the instant right of lease and the instant business operation (hereinafter “instant business right”).

However, Defendant B failed to repay the instant loan to the Plaintiff by the due date under the instant loan agreement.

[Ground for Recognition] Defendant B: The fact that there is no dispute, entry of Gap evidence Nos. 1, 5, and 6, and the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, Defendant B is obligated to implement the procedure for changing the name of the representative on the instant goodwill to the Plaintiff, and transfer the right of lease of this case to the Plaintiff, except in extenuating circumstances.

In addition, the Plaintiff is a defendant B for the exercise of security right based on the instant loan claim.

유사 판례

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-수원지방법원 2019.01.11 2017나81724