(영문) 부산지방법원서부지원 2020.01.31 2019가단111767

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(영문) 부산지방법원서부지원 2020.01.31 2019가단111767

건물명도(인도)

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1. The defendant shall deliver to Busan Urban Corporation real estate listed in the annexed list.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. As to the real estate listed in the separate sheet (hereinafter referred to as “instant real estate”), the Defendant concluded a lease agreement between Busan Urban Corporation and the Defendant, which is KRW 81,680,000, monthly rent of KRW 170,400, and the contract term from September 1, 2017 to August 31, 2019.

(b) under the following, the instant lease agreement:

1) On April 8, 2016, the Plaintiff leased KRW 65 million to the Defendant with interest rate and the period of loan set from April 15, 2016 to April 15, 2018 pursuant to the basic terms and conditions of CF credit transaction (hereinafter “instant loan”).

(2) On April 8, 2016, the Plaintiff and the Defendant entered into an agreement on the transfer of claims for the refund of lease deposit against Busan Urban Corporation with respect to the instant real estate in order to secure the instant loan claim, with a view to ensuring the payment of interest for a period of one month.

On the same day, the defendant notified the Busan Urban Corporation of the transfer of the lease deposit claim, and the notification reached the Busan Urban Corporation at that time.

In addition, the defendant prepared a letter of commitment to the plaintiff that "where the principal and interest of the loan of this case are not repaid by the due date, the plaintiff will immediately deliver the real estate of this case to the plaintiff or the plaintiff designated by the plaintiff so that the plaintiff can be immediately returned the lease deposit even during the lease term."

3) The Defendant was unable to pay interest from July 15, 2019, and lost the benefit of time on August 15, 2019. [The fact that there is no ground for recognition, the entry of evidence Nos. 1 to 6, and the purport of the whole pleadings.]

2. According to the facts of the above recognition, the Defendant transferred to the Plaintiff the right to return the lease deposit under the instant lease agreement, and the instant lease agreement was concluded on August 31, 2019.

유사 판례

-부산지방법원서부지원 2020.01.31 2019가단111767

-수원지방법원안양지원 2017.11.29 2017가단118955

-창원지방법원 2021.04.01 2020구합53260

-부산지방법원동부지원 2016.10.14 2016가합100224

-부산지방법원 2015.10.22 2015구합21880