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(영문) 인천지방법원부천지원 2015.11.26 2015가단112285
양수금
Text

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

In the absence of dispute between the parties concerned or in addition to the purport of the entire pleadings in the statements in Gap evidence Nos. 1 through 7, the National Agricultural Cooperative Federation extended KRW 13,950,000 to the defendant on May 14, 2010 (after the maturity of May 14, 2014) and extended the maturity of KRW 8.5% per annum; the National Agricultural Cooperative Federation extended the maturity of KRW 13,950,00 to the defendant on May 14, 2012; and the National Agricultural Cooperative Federation transferred the amount equivalent to KRW 19,939,000 to the Korea Land and Housing Corporation on May 3, 2010 to secure the repayment of the above principal and interest of the loan; the fact that the defendant did not repay the above principal and interest of the loan until the closing date of the argument in this case; the lease agreement between the defendant and the Korea Land and Housing Corporation terminated on March 1, 2014; and the fact that the plaintiff succeeded to comprehensive succession.

Thus, the plaintiff can terminate the lease contract on the real estate stated in the attached list against the defendant on behalf of the Korea Land and Housing Corporation, and the above lease contract should be deemed to have been legally terminated through service of a copy of the complaint of this case against the defendant.

Therefore, the defendant is obligated to deliver real estate stated in the attached list to the Korea Land & Housing Corporation.

The plaintiff's claim is justified and it is so decided as per Disposition.

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