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(영문) 서울중앙지방법원 2016.05.26 2015가단5366304
양수금등
Text

1. The defendant shall deliver real estate listed in the separate sheet to the vice-permanent housing company (registration number: 11011-4252188).

2.

Reasons

1. Facts of recognition;

A. On April 12, 2013, the Defendant entered into a lease agreement between the Defendant and the vice-permanent housing company (hereinafter “non-permanent housing”) and the real estate listed in the attached list owned by the vice-permanent housing (hereinafter “instant real estate”) with the deposit amounting to KRW 130 million and the period from April 27, 2013 to December 28, 2017.

B. On September 4, 2015, the Defendant transferred the claim for the return of the above lease deposit to the Plaintiff, and notified the non-permanent house of its purport with the content certificate on the same day.

C. On September 9, 2015, the Plaintiff entered into a credit transaction agreement between the Defendant and the Plaintiff with a maturity of KRW 143 million, and with a maturity of the credit period of KRW 8.4% per annum on September 9, 2017, with a maturity of KRW 8.4% per annum, and with a default rate of KRW 20.4% per annum. On the same day, the Defendant prepared a letter of commitment to order the Plaintiff or the Plaintiff’s designated person to order the said leased object to the Plaintiff, even if the Defendant was unable to pay the principal and interest to the Plaintiff by the due date or the due date lost its interest.

At present, the defendant is unable to pay the principal and interest of the loan in the state that the payment of interest under the above agreement was lost due to the failure to pay it to the plaintiff.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 5 (including paper numbers), the purport of the whole pleadings

2. According to the facts of the above recognition, the defendant is obligated to deliver the instant real estate, which is the object of the lease, to the non-permanent house designated by the plaintiff based on the above written statement.

3. In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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