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(영문) 수원지방법원여주지원 2019.08.21 2019가단2676
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 July 30, 2015, Defendant C leased (hereinafter “instant lease”) buildings listed in the separate sheet from the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) by setting the lease deposit amount of KRW 10,643,00, monthly rent of KRW 80,980, and the term of lease from August 1, 2015 to July 31, 2017 (hereinafter “instant lease”).

B. On September 9, 2016, the Plaintiff loaned KRW 9,500,00 to Defendant C at the maturity of KRW 9,500,000 on September 9, 2018 and at the rate of 7.2% per annum.

(hereinafter “instant loan”). On September 5, 2016, Defendant C transferred to the Plaintiff the instant lease deposit claim against Defendant Corporation to secure the instant loan obligation, and around that time, notified the Defendant Corporation of the assignment of the said loan.

C. At the time of the transfer of the above assignment, Defendant C prepared a letter of performance to the effect that “When Defendant C is unable to pay the principal and interest of this case by the due date (or due date) to the Plaintiff, the Plaintiff would immediately deliver the building at the time when the period of the instant lease agreement concluded with Defendant C expires with Defendant C with respect to the building of this case so that the Plaintiff would be able to directly refund the deposit of this case from Defendant Corporation, and, if necessary, there is no objection even if the Plaintiff notified the Defendant Corporation of the refusal to renew the instant lease by subrogation of Defendant C.”

Defendant C did not pay interest on the instant loan since August 4, 2018 to the Plaintiff.

[Grounds for recognition] Evidence No. 1-6, the purport of the whole argument

2. According to the determination of Paragraph (1) as to the cause of the claim, the instant lease agreement between the Defendant C and the Defendant Corporation expired due to the expiration of the lease term, and after the lessor was notified of the transfer of the claim for return of the lease deposit, the renewal or extension of the lease term between the lessor and the lessee.

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