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(영문) 서울중앙지방법원 2018.08.30 2017가단5214759
건물명도(인도)
Text

1. Defendant A 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 June 21, 2016, Defendant A entered into a lease agreement with the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) to lease the instant real estate (hereinafter “instant lease agreement”) by setting the lease deposit amount of KRW 21,658,00, monthly rent of KRW 156,670, and the lease term of KRW 156,670, and from July 1, 2016 to June 30, 2018, and Defendant A did not enter into a lease agreement to lease the instant real estate (hereinafter “instant lease agreement”) with Defendant A as of February 22, 2018.

B. On July 19, 2016, MSS Mutual Savings Bank (hereinafter “SSS Mutual Savings Bank”) granted a loan of KRW 25.9 million to Defendant A at a maturity of 10.9% per annum on June 30, 2018 (hereinafter “instant loan agreement”), and as a security, Defendant A transferred the right to refund the leased deposit under the instant lease agreement with Defendant A against the Defendant Corporation on July 7, 2016, and upon receipt of the transfer of the right to refund the leased deposit under the instant lease agreement with Defendant A, the Nonparty bank (or the transferee of the bonds) provided that the Plaintiff would immediately deliver the leased deposit to the lessor (or the transferee of the bonds) or to the person designated by the non-party bank (hereinafter “the non-party bank”) so that it can be directly returned the leased deposit from the lessor even if the repayment date or due date is not due, and if necessary, there is no objection to the termination of the lease agreement on behalf of the debtor.”

C. Meanwhile, on July 7, 2016, the non-party bank was delegated with the authority to notify the assignment of claims by the defendant A and notified the defendant Corporation of the assignment of claims. The notification of the assignment of claims reached the defendant Corporation at that time, and the defendant A delayed repayment of the principal and interest of loans from the non-party bank around July 21, 2017.

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