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(영문) 수원지방법원 안양지원 2018.10.10 2018가단104632
건물명도(인도)
Text

1. The defendant shall deliver to the Korea Land and Housing Corporation real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Determination as to the cause of claim

A. 1) On November 24, 2015, the Defendant jointly determined by the Korea Land and Housing Corporation (hereinafter “Korea Land and Housing Corporation”) (hereinafter “Korea Land and Housing Corporation”).

2) The apartment in the separate sheet (hereinafter referred to as the “instant apartment”).

) Lease deposit is set at KRW 25,385,00, KRW 300,010 per month, and the lease term is set at between December 1, 2015 and November 30, 2017 (hereinafter “instant lease contract”).

(2) On November 3, 2016, the Defendant (i) obtained a loan of KRW 25,30,000 from the Plaintiff on a yearly rate of 9%, (ii) 10-23%, and (iii) as of December 31, 2017, and (iv) obtained a loan of KRW 25,30,000 from the Plaintiff on a redemption date (hereinafter “instant loan claim”), and (iv) transferred the Plaintiff’s right to refund the lease deposit under the instant lease agreement to the Plaintiff on a November 3, 2016.

At that time, the Defendant issued to the Plaintiff a letter of commitment stating that “When the Plaintiff is unable to pay the principal and interest of the loan by the due date or due date for repayment, even within the term of lease, the Plaintiff terminated the lease agreement entered into with the lessor on the said real estate so that the Plaintiff can be directly returned the deposit from the lessor, and immediately order the obligee or the person designated by the obligee to order the building.”

3) On November 3, 2016, the Plaintiff notified the Korea Land and Housing Corporation of the establishment of a security for transfer with respect to the claim for return of lease deposit under the instant lease agreement, and the said notification reached the Korea Land and Housing Corporation around that time. (4) On December 31, 2017, the Defendant lost the benefit of time due to the Defendant’s failure to pay interest on the instant loan obligation, and the instant loan obligation became KRW 26,291,205 as of March 15, 2018.

5) A duplicate of the complaint of this case stating the Plaintiff’s declaration of intent to terminate the instant lease agreement by subrogation of the Defendant pursuant to the special agreement stated in the above 3) is April 4, 2018.

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