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(영문) 수원지방법원 2018.11.15 2018가단529055
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. Facts of recognition;

A. On December 21, 2012, the Defendant entered into a lease agreement with the Korea Land and Housing Corporation (hereinafter “Korea Land and Housing Corporation”) on the lease deposit amounting to KRW 22,858,00,00 per month, KRW 155,850 per month, and the period of the lease by December 31, 2015. On February 7, 2017, the lease agreement was concluded between the Defendant and the Korea Land and Housing Corporation (hereinafter “the instant apartment”) to raise the lease deposit to KRW 25,128,00 and to occupy and use the instant apartment as of January 31, 2019.

B. Meanwhile, on January 10, 2013, the Plaintiff, on the other hand, lent KRW 18,000,000 per annum 10.5% per annum, overdue interest rate of KRW 19-23% per annum, and the due date of repayment on February 28, 2015, to B (the subsequent order was issued C; hereinafter the same shall apply).

C. On January 10, 2013, the Defendant, as security for the above loan obligation against the Plaintiff, promised to transfer the claim for the refund of KRW 22,858,00 to the apartment of this case that the Defendant had against the Nonparty Corporation, and notify the Nonparty of the transfer of the claim (hereinafter “each of this case”). On February 21, 2017, following the increase of the lease deposit, the Defendant transferred the claim for the refund of the lease deposit amount of KRW 25,128,00 to the Nonparty Corporation and notified the Nonparty Corporation of the fact). On January 7, 2013, 201, the Plaintiff, “Before the expiration of the lease term, the Plaintiff would terminate the lease contract so that the Plaintiff would be able to directly receive the above lease deposit from the lessor, and the Plaintiff would order the person designated by the Plaintiff to name the apartment of this case” (hereinafter “each of this case”).

C, on January 10, 2018, the extended due date, lost the benefit of due date due to failure to pay the principal and interest of the loan, and on May 22, 2018, the principal and interest of the loan became KRW 19,302,202.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 7 (including a tentative number).

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