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1. Defendant A shall deliver to the Seoul Housing and Urban Corporation the real estate listed in the separate sheet.
2. Defendant.
Reasons
1. Facts of recognition;
A. On September 12, 2006, Defendant A entered into a lease agreement on the real estate stated in the separate sheet (hereinafter “instant real estate”) with Defendant Seoul Housing Corporation (hereinafter “Defendant Corporation”) on the condition that the lease agreement is renewed on an annual basis, with the terms of KRW 10,912,00, monthly rent of KRW 122,920, and period of two years.
B. On February 1, 2017, Defendant A borrowed KRW 7,000,000 from the Plaintiff, and transferred to the Plaintiff the claim for refund of KRW 10,912,000 with respect to the instant real estate owned by Defendant A with respect to the Defendant Corporation in order to secure its principal and interest obligation, and notified Defendant A of the fact of transfer of the instant real estate with the content certification on the same day.
The above notification was reached by the defendant Corporation around that time.
C. On February 7, 2017, Defendant A drafted a letter of performance stating that “When an obligor fails to pay the principal and interest of a loan by the due date (or the due date for loss of the due date), even during the lease term, Defendant A terminated the lease contract so that the Plaintiff may directly receive a refund of the deposit from the lessor, and immediately ordered the Plaintiff (or the transferee of the claim from the Plaintiff), and if necessary, there is no objection even if the Plaintiff notified the lessor of the termination of the lease contract by subrogation of the Defendant A.”
Defendant A lost the benefit of time due to his failure to pay interest, etc. from May 10, 2017, and at least two months delayed prior to the Plaintiff’s filing of the instant lawsuit.
E. The Plaintiff expressed his/her intent to terminate the instant lease agreement on the ground of the delinquency in rent for at least two years by serving a duplicate of the instant complaint on Defendant A in subrogation of the Defendant Corporation.
F. As of March 31, 2018, Defendant A’s unpaid monthly rent, management fee, and public charge amounting to KRW 3,160,380.
Grounds for recognition: