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(영문) 인천지방법원부천지원 2020.06.05 2019가단102880
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. Facts of recognition;

A. On July 2016, the Defendant entered into a lease agreement with the Korea Land and Housing Corporation and the attached list (hereinafter “instant real estate”) with respect to the lease deposit at KRW 20,427,000.

B. On August 8, 2017, the Defendant obtained a loan from the Plaintiff, and notified the Plaintiff of the transfer on September 25, 2017 to the Korea Land and Housing Corporation. The said notification reached the Korea Land and Housing Corporation around that time.

C. On August 8, 2017, the Defendant borrowed KRW 16,000,00 from the Plaintiff as the maturity date on August 8, 2019 (hereinafter “instant loan agreement”); and, in the event that the Plaintiff is unable to repay the principal and interest of the loan by the due date or due date, the Plaintiff prepared a letter of intent to terminate and order the instant real estate lease agreement so that the Plaintiff may be directly returned the lease deposit even during the lease term, even during the lease term.

(hereinafter referred to as “instant letter”). D.

On April 4, 2018, the defendant filed an application for bankruptcy and exemption from liability, and received a ruling of adjudication of bankruptcy and permission of exemption from liability.

E. The Plaintiff reported the Plaintiff’s loan claims as the claims with the right to separation outside bankruptcy in the above bankruptcy procedure.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. We examine the judgment, and according to the above facts, the maturity date of the loan contract of this case was exceeded, and since the loan contract of this case was not extended since the Plaintiff could not extend the maturity or re-agreement when the loan debtor goes bankrupt, the Defendant is obligated to deliver the real estate of this case to the Korea Land Corporation in accordance with the letter of this case.

3. In conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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