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(영문) 대전지방법원 천안지원 2017.01.18 2016가단111474
건물명도
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 7, 2011, the Defendant borrowed KRW 61,200,000 from the Plaintiff (hereinafter “instant loan”).

The Defendant currently delays the return of the principal and interest of the instant loan.

B. The Defendant and the Korea Land and Housing Corporation set the lease agreement and renewal of the lease agreement between the Defendant and the Korea Land and Housing Corporation at KRW 72,00,000 on January 1, 2012 and November 30, 2013; and the lease deposit was paid to the Korea Land and Housing Corporation around that time.

The contract of this case is renewed and the defendant currently resides in the building of this case.

C. On December 6, 2011, the Plaintiff acquired the claim for the return of KRW 72,000,000 from the Defendant for the lease deposit against the instant building.

On the same day, the Defendant notified the lessor, a debtor, of the claim for the refund of the lease deposit, of the transfer of the lease deposit of this case by content-certified mail.

On December 5, 2011, the Defendant promised on December 5, 2011, “When the Plaintiff is unable to pay the principal and interest of the loan by the due date (or the date of loss of the due date), you would cancel the lease agreement entered into with the lessor with respect to the said real estate so that you can directly receive a refund of the deposit for lease from the lessor (hereinafter referred to as “return”) within the lease period, and would be able to order the buyer to immediately return or designate the building.”

At the same time, the defendant agreed, if necessary, to notify the lessor of the termination of the lease contract on behalf of the landlord himself/herself, and prepared a letter of commitment stating the above contents.

(e) lease;

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