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(영문) 서울중앙지방법원 2019.05.14 2018가단5213173
건물명도(인도)
Text

1. Defendant C shall order Defendant DD Corporation to order the buildings listed in the separate sheet.

2. Defendant D Corporation shall letter to Defendant C.

Reasons

1. Basic facts

A. On October 16, 2012, Defendant C entered into a lease agreement with Defendant D Corporation (hereinafter “Defendant D Corporation”) on a building listed in the separate sheet (hereinafter “instant building”) and the lease deposit amounting to 21,840,000 won, monthly renting KRW 243,400, and the lease period up to September 30, 2014, and around that time the said lease deposit was paid to Defendant D Corporation.

B. Defendant C and the Plaintiff entered into a loan transaction agreement with Defendant C on October 2, 2013 at an annual interest rate of 4.3%, overdue interest rate of 19%, and September 30, 2014, on which Defendant C would receive a loan. The Plaintiff paid KRW 15,00,000 on the same day to Defendant C according to the loan agreement.

C. On October 1, 2013, Defendant C decided to transfer to the Plaintiff the claim for return of KRW 21,840,000 of the lease deposit against the building indicated in the separate sheet owned by Defendant C, in order to secure the payment of the obligation for the repayment of the loan, and concluded a contract for assignment of claims and transfer of the lease deposit. On October 1, 2013, Defendant C notified the Plaintiff that it would pay the deposit to the Plaintiff to the transferee.

According to a loan agreement with the Plaintiff, Defendant C is expected to lose the benefit of the principal and interest of the loan in case of delinquency in payment of interest during the loan, and the interest payment has been delayed from December 17, 2017 until now.

E. The Plaintiff, on behalf of the lessor, requested the Defendant C to leave from the real estate recorded in the separate sheet on behalf of the lessor as the assignee of the claim, by serving the instant complaint.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. According to the facts of the above recognition, the defendant C shall deliver the building listed in the attached list to the defendant Corporation, and the defendant Corporation shall pay the lease-related claims, such as overdue rent, management fee, etc. incurred from KRW 21,840,000 to the time of delivery of real estate.

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