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(영문) 인천지방법원부천지원 2019.06.13 2019가단12529
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 lawsuit shall be.

Reasons

1.The following facts may be acknowledged either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence 1 to 6:

On January 2016, the Defendant entered into a lease agreement with the Korea Land and Housing Corporation at KRW 19,401,00 with respect to the real estate listed in the separate sheet (hereinafter “instant housing”) and then renewed the lease agreement by increasing the lease deposit to KRW 41,351,00 on January 2018.

B. On January 29, 2018, the Plaintiff loaned a loan to the Defendant at 12.9% per annum, 15.9% per annum, 15.9% per annum, and 29 January 29, 2020.

C. On January 26, 2018, the Defendant entered into a contract to transfer a lease deposit of KRW 41,351,000 with respect to the Korea Land and Housing Corporation to the Plaintiff for the payment of the loan to be borne by the Plaintiff. On the same day, the Defendant notified the Korea Land and Housing Corporation of the purport of the transfer on the same day by content-certified mail, and the above notification reached the Korea Land and Housing Corporation

In addition, the defendant agreed to deliver the building of this case to the person designated by the plaintiff so that the plaintiff can be directly refunded the lease deposit even during the term of lease, if the defendant fails to repay the principal and interest of the loan by the due date or due date lost while transferring the lease deposit to the plaintiff.

E. On December 21, 2018, the Defendant filed an application with the Ulsan District Court for commencing individual rehabilitation procedures (2018 Congress 23951), and delayed the payment of interest on loans to the Plaintiff from around that time.

2. According to the allegations and the above facts of recognition, the defendant has lost the interest on the loan to the plaintiff by delaying the payment of the interest on the loan to the plaintiff, and thus, barring any special circumstance, the lessor is the lessor as requested by the plaintiff.

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