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(영문) 인천지방법원부천지원 2020.08.12 2020가단103100
건물인도
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

Comprehensively taking account of the purport of Gap evidence Nos. 1 through 6, the defendant was granted a loan from the plaintiff on January 19, 2015 by entering into an agreement with the plaintiff on January 19, 2020, interest rate of 11.9% per annum, delay damages of 14.9% per annum, and agreed on December 8, 2016, with interest rate of 15.9% per annum, and delay damages of 18.9% per annum. The defendant, on January 19, 2015, failed to repay the principal and interest of the loan to the plaintiff by the due date, entered into a lease agreement with the Korea Land and Housing Corporation, with the plaintiff on January 19, 2015, and notified the plaintiff of the fact that the plaintiff did not repay the loan deposit to the plaintiff by the due date. The defendant received a lease agreement from the Korea Land and Housing Corporation to transfer the loan deposit to the plaintiff by the due date.

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

In this regard, the defendant asserts that the procedure of this case should be suspended because the individual rehabilitation is in progress and the right to separation should be suspended until the decision to grant authorization is made.

According to Article 600 (2) of the Debtor Rehabilitation and Bankruptcy Act, when a decision to commence individual rehabilitation procedures has been made, an auction is held to create a security right or exercise a security right to properties belonging to the individual rehabilitation foundation until the first day of the decision to authorize the repayment plan or the final decision to discontinue the individual rehabilitation procedure.

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