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(영문) 수원지방법원안양지원 2016.02.03 2015가단112106
건물명도
Text

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

2.

Reasons

1. Facts of recognition;

A. On August 18, 2014, the Plaintiff leased KRW 13,600,00 to Defendant A at an annual interest rate of 11%, interest rate of delay 19-23%, and date of redemption on August 31, 2016.

B. For the payment of the above loan obligation between the Plaintiff and the Plaintiff, Defendant A entered into a contract with the Plaintiff to transfer the lease deposit amount of KRW 17,023,00 with respect to the real estate indicated in the separate sheet (hereinafter “the instant real estate”) held against the Defendant Korea Land and Housing Corporation. Defendant A lost the benefit of the time limit for the said loan, Defendant A made a letter of commitment to deliver the said real estate to the Plaintiff even before the expiration of the lease term, or deliver the said real estate to the Plaintiff by preparing a letter of commitment to deliver the said real estate to the Plaintiff so that the Plaintiff may be directly returned from

(hereinafter referred to as “instant agreement”). C.

Defendant A lost the benefit of June 25, 2015 by failing to pay interest on loans to the Plaintiff.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 8 (including paper numbers)

2. Claim against Defendant A: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act).

3. According to the facts of the above recognition of the claim against the defendant Korea Land and Housing Corporation, the defendant A has a duty to deliver the real estate of this case to the defendant Korea Land and Housing Corporation in accordance with the agreement of this case, and the defendant Korea Land and Housing Corporation is at the same time obligated to pay the plaintiff the remainder of the amount which the defendant deducteds the claim from the defendant A according to the lease contract between the defendant and the plaintiff by the date of completion of delivery of the real estate of this case.

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