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(영문) 인천지방법원부천지원 2016.04.22 2016가단778
양수금등
Text

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

2. Defendant.

Reasons

1. The following facts are deemed to have been led to confession under Article 150 of the Civil Procedure Act between the Plaintiff and the Defendant, and the Plaintiff and the Defendant Korea Land and Housing Corporation may be acknowledged in full view of the evidence Nos. 1 through 7 (including each number), No. 5, and the purport of the entire pleadings.

On October 27, 2011, Defendant A entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) to lease the real estate listed in the separate sheet (hereinafter “instant real estate”) at KRW 24,592,00 and KRW 179,000 per month of rent, and paid the lease deposit around that time. The instant real estate was handed over.

B. On January 17, 2012, the Plaintiff lent to Defendant A money (hereinafter “instant loan”) with a loan limit of KRW 20,900,00,000, interest base rate of KRW 0.5%, and November 30, 2015 as of the expiration date of the loan (hereinafter “instant loan”). Since then, the expiration date of the loan was extended on November 30, 2015.

C. On January 17, 2012, Defendant A transferred the claim for refund of KRW 24,592,000 to the instant real estate to secure the Plaintiff’s obligation for the instant loan, and on the same day, notified the Defendant Korea Land and Housing Corporation of the transfer by content-certified mail, and the notification reached the Defendant Corporation around that time.

Defendant A and Defendant Corporation have renewed the instant lease agreement and currently in force from December 1, 2013 to November 30, 2015, the term of lease is KRW 25,772,00, monthly rent of KRW 187,590.

2. Determination

A. According to the above recognition of the claim against Defendant A, the instant lease agreement was terminated on November 30, 2015, and the Defendant A shall deliver the instant real estate to the Defendant Corporation as sought by the Plaintiff by subrogation of the Defendant construction work.

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