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(영문) 부산지방법원 2017.05.26 2017가단5538
양수금등
Text

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

Defendant.

Reasons

Facts of recognition

Defendant B entered into a lease agreement with the Korea Land and Housing Corporation on the real estate listed in the attached list (hereinafter “instant real estate”), and paid KRW 19,199,00 as the lease deposit.

On June 29, 2006, the Plaintiff lent KRW 8,000,000 to Defendant B with interest rate of KRW 2% per month (payment on June 28, 2006), interest rate of KRW 3% per month, and due date of payment on June 28, 2007. As security, the Plaintiff transferred to the Plaintiff the claim for refund of KRW 15,000,000 out of the above lease deposit, and notified the Defendant Korea Land and Housing Corporation of the assignment of claims.

Defendant B did not pay interest after July 29, 2016 to the Plaintiff.

[Based on the fact that there is no dispute, Gap 1 through 3 evidence, and the purport of the entire pleadings, the defendant Eul has a duty to deliver the real estate of this case to the defendant Korea Land and Housing Corporation as designated by the plaintiff for the exercise of security right as a whole. The defendant Korea Land and Housing Corporation has a duty to deliver the real estate of this case from the defendant Eul to the plaintiff. The defendant Korea Land and Housing Corporation has a duty to pay interest for delay calculated at the rate of 27.6% per annum from July 29, 2016 to the date of full payment, within the remaining amount obtained by deducting all the amount secured by the lease deposit, such as the overdue rent and management expenses of the defendant Eul based on the lease contract between the defendants from the 15,00,000 to the date of the completion of delivery of the real estate of this case.

Therefore, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.

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