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(영문) 인천지방법원 부천지원 2017.02.02 2016가단114967
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 August 20, 2014, the Defendant borrowed KRW 35,400,000 from the Plaintiff at an interest rate of 11.9% per annum, 22.9% per annum, and the due date for payment on August 20, 2016 (hereinafter “instant loan”).

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

B. On August 21, 2014, the Defendant and the Korea Land and Housing Corporation (hereinafter “instant building”) set a lease agreement between the Defendant and the Korea Land and Housing Corporation and set a lease amount of KRW 32,25,00 for a period from August 1, 2014 to July 31, 2016, and the lease deposit amount of KRW 32,25,000 for the building indicated in the separate sheet (hereinafter “instant building”) from the Korea Land and Housing Corporation (hereinafter “instant lease”). At that time, the lease deposit was paid to the Korea Land and Housing Corporation.

The defendant is currently residing in the building of this case.

C. On August 20, 2014, the Plaintiff acquired the claim for return of KRW 32,255,000 from the Defendant for lease deposit against the instant building.

On August 25, 2014, the Defendant notified the Korea Land and Housing Corporation of the transfer of the right to refund the lease deposit of this case by content-certified mail to the lessor, a debtor to the claim to refund the lease deposit of this case.

On August 20, 2014, the Defendant promised on August 20, 2014, “In the event that the Plaintiff fails to pay the principal and interest of the loan by the due date (or due date for the loss of the benefit of time), you may terminate the lease agreement entered into with the lessor with respect to the said real estate so that you may directly refund the lease deposit from the lessor, and order the lessor to immediately return or designate the building.”

At the same time, the defendant agrees, if necessary, to notify the lessor of the termination of the lease contract on behalf of the principal.

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