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(영문) 인천지방법원 2016.07.08 2015가단239088
양수금등
Text

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

2. Defendant.

Reasons

Facts of recognition

On September 3, 2008, Defendant A leased real estate listed in the separate sheet (hereinafter “instant housing”) from the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) for public construction rental housing as of October 31, 2012 by the term of 42,067,00 won, monthly rent of KRW 110,330, and the term of October 31, 2012. On October 19, 2012, Defendant A newly concluded a lease agreement with the Defendant Corporation and the lease deposit amount of KRW 43,318,00, monthly rent of KRW 227,410 and the term of the contract was extended to KRW 27,410 on October 31, 2014.

(A) On October 19, 2012, Defendant A borrowed from the Plaintiff on September 5, 2013 as the interest rate of KRW 34.5% per annum and the due date of repayment on October 31, 2014, and transferred the Plaintiff the right to return the instant lease deposit to the Plaintiff as collateral, and the notification of the said assignment of the right has reached the Defendant Corporation around that time.

The defendant Corporation shall set up a pledge against the defendant Corporation and cancel the pledge against the defendant Corporation.

On September 3, 2008, upon which the first lease contract was entered into in the paragraph, Defendant A made a loan to guarantee the lease deposit, and a pledge was established on Defendant A’s claim for the refund of the lease deposit in order to guarantee the payment obligation.

(On the other hand, the Defendant Corporation, who is in the position of the pledgee, notified the Defendant Corporation that is in the position of the obligor of the above claim, by content-certified mail following the day. After that, on October 1, 2013, the Defendant Corporation rescinded the establishment of the pledge by exercising the pledge right with respect to the amount of KRW 16 million out of the above lease deposit.

Defendant A’s in arrears resided in the instant house until now, and the rent in arrears as of November 30, 2015 reaches KRW 1,839,310.

[Ground of recognition] There is no dispute, and there is each number of Gap's 1 to 6, Eul's 1 and 2.

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