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(영문) 인천지방법원부천지원 2019.04.25 2019가단10141
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 the lawsuit are assessed against the defendant.

Reasons

1. Facts of recognition;

A. On April 26, 2017, the Defendant entered into a lease agreement with the Korea Land and Housing Corporation (hereinafter “instant real estate”) under the terms and conditions that real estate listed in the separate sheet (hereinafter “instant lease agreement”) be leased by setting the lease deposit KRW 49,154,00, monthly rent KRW 106,610, and the lease term from May 29, 2017 to May 31, 2019 (hereinafter “instant lease agreement”).

B. On April 20, 2018, the Plaintiff entered into a credit transaction agreement with the Defendant, setting the amount of credit (limit) to KRW 58.8 million per annum and interest rate of KRW 12.9% per annum.

C. On April 19, 2018, the Defendant transferred to the Plaintiff the claim for the refund of the lease deposit to the Korea Land and Housing Corporation under the instant lease agreement as a security under the said loan agreement. On April 20, 2018, the Defendant promised to terminate the instant lease agreement with respect to the instant real estate so that the Plaintiff may directly receive the lease deposit and the deposit from the Korea Land and Housing Corporation even during the lease term if the Plaintiff is unable to pay the principal and interest of the loan by the due date (or due date for the loss of the payment period) and immediately deliver the instant real estate to the Plaintiff or the Plaintiff (where necessary, there is no objection even if the Plaintiff notifies the Korea Land and Housing Corporation of the termination of the instant lease agreement by subrogation of the Defendant). (2) On April 19, 2018, the Defendant delegated the Plaintiff with the right to notify the Plaintiff of the transfer of the claim for the refund of the lease deposit.

From November 15, 2018, the Defendant lost the Defendant’s benefit of time on December 15, 2018 due to the Plaintiff’s failure to pay interest on loans under the said credit transaction agreement to the Plaintiff.

[Ground of recognition] Unsatisfy, Gap 1 to 6, .

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