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(영문) 부산지방법원 2015.11.12 2015가단10611
양수금 등
Text

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

2. Defendant.

Reasons

1. Facts of recognition;

A. On July 30, 2008, Defendant B leased from the Defendant Korea Land and Housing Corporation the real estate listed in the separate sheet (hereinafter “instant real estate”) as the lease deposit amount of KRW 52,000,000, and the period from January 18, 2010 to December 31, 201 (the later renewal).

(hereinafter “instant lease agreement”). B.

On February 4, 2014, the Plaintiff determined and lent KRW 35,000,00 to Defendant B at 1.5% of interest per month (payment by July 3, 2015), July 3, 2015, and interest for arrears at 1% per month.

On the other hand, when Defendant B is unable to pay the principal and interest of the loan by the due date, Defendant B ordered the lessor to deliver the building immediately so that the Plaintiff can receive the lease deposit from the Korea Land and Housing Corporation even during the term of lease

(hereinafter referred to as the “instant letter of commitment”). C.

In order to secure the above loan on February 4, 2014, Defendant B transferred the instant lease deposit to the Plaintiff with the Korea Land and Housing Corporation the right to notify the transfer of claims to the Plaintiff. On the same day, the Plaintiff notified the Defendant Korea Land and Housing Corporation of the transfer of claims, and the notification was delivered on February 5, 2014 on the following day.

From January 2015, Defendant B lost the benefit of time by delaying the payment of interest on the above loan from January 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. According to the above findings of the determination as to the cause of the claim, Defendant B is obligated to deliver the instant real estate to the Defendant Korea Land and Housing Corporation in accordance with the “Saido Implementation Statement” in this case.

In addition, as requested by the Plaintiff, the Defendant Korea Land and Housing Corporation shall not only receive the instant real estate from Defendant B, but also obtain the lease deposit from the Plaintiff from the Plaintiff to the delivery date of the said real estate in accordance with a lease agreement between the Defendants and the Korea Land and Housing Corporation.

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