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(영문) 수원지방법원 2020.05.12 2019가단564239
건물명도(인도)
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. As to the cause of claim

(a) The facts subsequent to the facts of recognition do not conflict between the parties, or may be found in the entries in Gap evidence Nos. 1 to 8, and Eul evidence No. 1 by taking into account the overall purport of the pleadings.

1) As between the Korea Land and Housing Corporation and the Korea Land and Housing Corporation on September 15, 2014, the Defendant’s real estate stated in the separate sheet from the Korea Land and Housing Corporation (hereinafter “instant real estate”).

(1) The term of lease under the condition that the lease deposit shall be KRW 16,14,00, KRW 135,810 per month, and KRW 135,810 per month, and the term of lease shall be from August 1, 2014 to July 31, 2016 (hereinafter “the lease of this case”).

(2) On September 2, 2014, the Defendant entered into a contract. (2) On September 2, 2014, the Defendant received a loan (hereinafter “instant loan”) by setting the amount of KRW 13 million from the Plaintiff as KRW 13 million on September 2, 2019, interest rate of KRW 13.5% per annum, and delay damages at 16.5% per annum.

3) On August 29, 2014, the Defendant transferred to the Plaintiff the instant claim for the refund of the lease deposit amount of KRW 16,114,00 to the Plaintiff on the same day, and sent the notification of the assignment of the instant claim to the Korea Land and Housing Corporation with the content certification. The above content certification reached the Korea Land and Housing Corporation around that time. 4) As the loan maturity of the instant loan is not extended, the Plaintiff sent the notice to the Defendant on August 1, 2019, stating that the maturity period of the instant loan loan was due to the arrival of the loan maturity and the loss of the interest as of September 1, 2019. The above content certification reached the Defendant around that time.

5) The Defendant and the Korea Land and Housing Corporation have renewed the instant lease agreement (the date of the final contract, September 27, 2018, KRW 1,768,00, KRW 149,010, KRW 149,010, the lease term, from August 1, 2018 to July 31, 2020), and the Defendant has taken over the instant real estate from the Korea Land and Housing Corporation and has been occupying and using the said real estate until now. (B) The instant lease agreement expired due to the expiration of the lease term (the lessor).

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