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(영문) 창원지방법원 진주지원 2018.07.18 2017가합11899
토지인도
Text

1. The Defendant shall: (a) the Plaintiff:

Attached Form 11, 12, 13, 14, 15, 16, 17, 18, 11 among the real estate listed in the attached Table 1 list.

Reasons

1. Facts of recognition;

A. The Plaintiff is a project established pursuant to the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Companies and the Establishment of the Korea Asset Management Corporation, and was delegated by the Ministry of Finance and Economy, the managing authority, with the authority to manage and dispose of real estate listed in [Attachment 1 and 2] owned by the Republic of Korea and to preserve claims

B. On August 3, 2015, the Plaintiff and the Defendant concluded a loan agreement (hereinafter “instant loan agreement”) with respect to the instant real estate, and the main contents are as follows.

Article 2 (Period of Loan) The loan period shall be from May 6, 2015 to May 5, 2020 (five years).

Article 3 (Loan Charges) The annual rent shall be 10,000,000 won per annum (Won 11,116,130-) and the annual rent shall be 10,000,000 won (Won 11,116,130-). However, the rent for the following year shall be determined annually pursuant to Articles 29 and 31 of the Enforcement Decree of the State Property Act.

Article 8 (Cancellation or Termination of Loan Agreements) In any of the following cases, the borrower may cancel or terminate this Agreement:

5. Where the loan recipient violates other Acts and subordinate statutes related to State property and this contract provisions, and the loan period under Article 11 (Return of Loan Property) expires or such contract is terminated or terminated, the borrower shall restore the loan property to its original state by the deadline designated by the lender and return it in the presence of the borrower.

C. On September 2015, the Plaintiff and the Defendant agreed to construct and remove a temporary building with respect to the construction of 1,592.37 square meters and 322.56 square meters in a 3-story model house on the instant real estate surface (hereinafter “each of the instant buildings”).

The above arrangement shall be voluntarily removed by the defendant within 15 days from the expiration or termination date of the lease period (including the expiration date of the retention period for the temporary structure) or when the contract is terminated.

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