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(영문) 광주지방법원 2016.07.20 2015가단528968
건물명도
Text

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

2. Defendant.

Reasons

1. Basic facts

A. On November 30, 2012, Defendant A borrowed KRW 8,700,000 from the Plaintiff as the maturity date on January 31, 2017, 10.5% per annum, interest rate per annum, 21% per annum, and interest per month.

B. In order to secure the above loan obligations, Defendant A transferred to the Plaintiff the claim for refund of KRW 12,743,000, which Defendant A had against the Korea Land and Housing Corporation regarding the real estate listed in the separate sheet (hereinafter “instant real estate”), and notified the transfer to the Korea Land and Housing Corporation on November 26, 2012.

C. Defendant A agreed to order the lessor to order the instant real estate to the Korea Land and Housing Corporation if the lessor lost the benefit due to delay in payment of interest on the said loan between the Plaintiff and the Plaintiff, and the Defendant lost the benefit due to delay in payment of the agreed interest on April 25, 2015.

[Ground of recognition] Uncontentious facts, Gap 1 through 9 evidence, purport of the whole pleadings

2. The Defendant A is obligated to deliver the instant real estate to the Defendant Korea Land and Housing Corporation in accordance with the terms of the agreement with the Plaintiff by losing the benefit of time, and the Defendant Korea Land and Housing Corporation is also obligated to deliver the instant real estate to the Plaintiff at the same time to the Plaintiff who acquired the claim for the refund of the lease deposit from the Defendant A at KRW 12,743,000, after deducting all the claims (such as rental fees, management fees, taxes and public charges) held against the Defendant A under the lease agreement.

The plaintiff's claim of this case is justified.

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