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1. Defendant C shall deliver to the Korea Land and Housing Corporation the buildings listed in the separate sheet.
2. Defendant.
Reasons
1. Facts of recognition;
A. As to the buildings indicated in the separate sheet (hereinafter “instant building”) with the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”), Defendant C entered into a lease agreement with Defendant C, setting the lease deposit amount of KRW 12,693,00 on March 19, 2018, monthly rent of KRW 121,120 on March 19, 201, and the lease term of KRW 121,120 on March 19, 2018 to April 30, 2020.
(hereinafter “instant lease agreement”). B.
On April 10, 2018, the Plaintiff extended a loan of KRW 15.2 million to Defendant C at the maturity of April 10, 2020 and at the rate of 12.4% per annum (hereinafter “instant loan”). On April 3, 2018, the Plaintiff acquired from Defendant C the right to refund the lease deposit amount of KRW 12,693,000 under the instant lease agreement, which the said Defendant had against the Defendant Corporation.
C. On April 3, 2018, the Plaintiff was delegated with the authority to notify the assignment of claims by Defendant C, and notified the Defendant Corporation of the assignment of claims, and the said notification reached Defendant Corporation around that time.
In transferring the claim for return of the lease deposit of this case to the Plaintiff, Defendant C prepared an explanatory note to the effect that, “When Defendant C is unable to pay the principal and interest of the loan by the due date (or due date for the loss of the term), the Plaintiff would terminate the lease agreement entered into with the Defendant Corporation and deliver the building immediately to the Plaintiff, and even if the Plaintiff notified the termination of the lease agreement to the Defendant Corporation by subrogation of the Defendant C, there is no objection.”
E. Defendant C did not pay interest on the instant loan to the Plaintiff after July 10, 2018.
F. From July 2018, Defendant C did not pay monthly rent under the instant lease agreement for at least three years, and the Plaintiff is served with a duplicate of the instant complaint.