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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
Comprehensively taking account of the purport of Gap evidence Nos. 1 through 6, the defendant entered into a lease agreement with the Korea Land and Housing Corporation around August 23, 2018 on KRW 22,786,00 with respect to the real estate of this case with the plaintiff as of April 23, 2020, interest rate of KRW 14.9% per annum, delay damages, and KRW 17.9% per annum. The defendant, on April 23, 2018, failed to repay the principal and interest of the loan to the plaintiff by the due date, on April 23, 2018, prepared a letter of commitment to order the plaintiff to return the lease deposit from the landlord even during the due date, so that the plaintiff can be returned the lease deposit (hereinafter referred to as "the real estate of this case"). On April 23, 2018, the defendant entered into a lease agreement with the plaintiff with the Korea Land and Housing Corporation as of KRW 222,786,000,000.
According to the above facts, the defendant was unable to pay the principal and interest of the loan to the plaintiff by the due date, and there is a duty to deliver real estate listed in the attached list to the Korea Land and Housing Corporation according to the letter
As to this, the defendant claims that the plaintiff cannot repay the loan to the plaintiff while the petition for bankruptcy is pending.
On the other hand, since the plaintiff seeks to transfer the above real estate for the execution of the claim for return of deposit for lease on the real estate of this case acquired from the defendant before bankruptcy is declared, it is not possible to refuse the plaintiff's claim on the other hand.
If so, the plaintiff's claim shall be accepted for the reasons and it is so decided as per Disposition.