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(영문) 수원지방법원 여주지원 2018.11.15 2018가단1676
건물명도 및 양수금
Text

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

2. Defendant.

Reasons

1. Facts of recognition;

A. On April 29, 2016, Defendant A entered into a lease agreement with the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) with regard to the buildings listed in the separate sheet (hereinafter “instant building”) with regard to the lease deposit amounting to KRW 61,244,00, and the term of lease from May 1, 2016 to April 30, 2018.

(hereinafter “instant lease agreement”). B.

On August 5, 2016, the Plaintiff loaned KRW 73.4 million to Defendant B on August 5, 2018 with interest rate of KRW 12.4% per annum (hereinafter “instant loan”) (hereinafter “instant loan”). Around July 28, 2016, the Plaintiff received from Defendant A the right to refund the leased deposit amount of KRW 61,24,000 under the instant lease agreement that the said Defendant had against Defendant Corporation.

C. On July 28, 2016, the Plaintiff was delegated with the authority to notify the assignment of claims by Defendant A, and notified Defendant Corporation of the said assignment of claims, and the said assignment of claims reached Defendant Corporation at that time.

In transferring the claim for the return of the lease deposit of this case to the Plaintiff, Defendant A prepared an explanatory note to the effect that “When Defendant B fails to pay the principal and interest of the loan by the due date (or due date for the repayment of the lease deposit), the Plaintiff will immediately deliver the building of this case to the Defendant Corporation upon the termination of the lease agreement entered into with the Defendant Corporation, and even if the Plaintiff notified the Defendant Corporation of his refusal to renew the lease contract by subrogation of the Defendant A, the Plaintiff did not raise any objection.”

E. From July 2017, Defendant B did not pay interest on the instant loan to the Plaintiff, and Defendant B occupied and used the instant building jointly with Defendant A.

[Evidence: Confession, Confession, deemed confessions, or the statement of Gap evidence as to Gap evidence, and the purport of whole pleadings]

2. According to the above facts of recognition as to the cause of the claim.

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