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(영문) 인천지방법원 2018.05.02 2017가단246059
양수금
Text

1. Defendant A shall deliver to the Korea Land and Housing Corporation the real estate listed in the attached list.

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

Reasons

1. On March 22, 2017, the claim indication network C (hereinafter “the deceased”) was leased real estate listed in the separate sheet (hereinafter “instant real estate”) from the Joint Defendant Korea Land and Housing Corporation, and was granted a loan from the Plaintiff on April 30, 2019 on the basis of the loan principal of KRW 11,80,000, annual interest rate of KRW 6.7%, and due date of maturity.

In the event that the principal and interest of the instant real estate is not repaid by the due date or the due date of the loan, even during the term of the lease, the Plaintiff agreed to deliver the instant real estate to the lessor so that the Plaintiff can be directly returned the lease deposit from the Korea Land and Housing Corporation, which is the lessor. In order to secure the payment of the Plaintiff’s loan, the Deceased agreed to transfer the lease deposit amount of KRW 13,120,000 to the Plaintiff on March 16, 2017, and notified the Korea Land and Housing Corporation of such assignment.

However, the deceased delayed the repayment of interest on loans and lost the benefit of July 22, 2017, and died without fulfilling the obligation to repay the principal and interest of loans until now.

Therefore, the Plaintiff seeks to terminate the lease contract by subrogation of the Korea Land and Housing Corporation. As such, the Defendant, a heir of the Deceased, is obligated to deliver the instant real estate to the Korea Land and Housing Corporation following the termination of the agreement on the performance of life-long reimbursement and the lease contract due to

2. Article 208 (3) 2 of the Civil Procedure Act (in a case where the applicable provisions of Acts are deemed to exist);

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