(영문) 인천지방법원부천지원 2020.05.22 2019가단19155

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(영문) 인천지방법원부천지원 2020.05.22 2019가단19155

건물명도(인도)

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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. Facts of recognition;

A. On June 2015, the Defendant entered into a lease agreement with the Korea Land and Housing Corporation and the attached list (hereinafter “instant real estate”) with respect to the lease deposit at KRW 24,171,000, and renewed the lease deposit at KRW 35,497,00 on July 2017.

B. On July 19, 2017, the Defendant obtained a loan from the Plaintiff, transferred the above lease deposit repayment claim to the Plaintiff and notified the Korea Land and Housing Corporation of the transfer, and the said notification reached the Korea Land and Housing Corporation at that time.

C. On July 27, 2017, the Defendant obtained a loan of KRW 39,00,000 from the Plaintiff as of July 27, 2019 (hereinafter “instant loan contract”); and, in the event that the Plaintiff is unable to repay the principal and interest of the loan by the due date or due date, the Defendant prepared a letter of intent to terminate the instant real estate lease contract with the Plaintiff to be able to receive a direct refund of the deposit even during the due date or due date loss of profit, even during the lease period.

(hereinafter referred to as “instant letter”). D.

From April 2019, the defendant failed to pay interest on the loan from around April 2019, and is currently granted a decision to grant bankruptcy immunity.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. According to the above facts of recognition, since the maturity date of the loan contract of this case was too high, the defendant did not pay interest on the loan and did not extend the loan contract upon being declared bankrupt, the defendant is obligated to deliver the real estate of this case to the Korea Land Corporation in accordance with each of the contracts of this case.

3. In conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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