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(영문) 대구지방법원 2015.04.28 2014가단32530 (1)
건물명도
Text

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

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The status of the parties (1) The Plaintiff is a creditor who loans money to the Defendant A, and is a financial institution that takes over the lease deposit against the Defendant Korea Land and Housing Corporation by the Defendant A.

② Defendant A: A borrower to the Plaintiff, who entered into a housing lease agreement with the Defendant Korea Land and Housing Corporation on the real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) and transfers the lease deposit claim.

③ Defendant B: A person who occupied the instant real estate from Defendant A by transfer.

B. The Plaintiff’s loan to Defendant A and the Plaintiff loaned KRW 42,00,000,000 to Defendant A by setting the loan rate of KRW 22% per annum until January 31, 2014 on the expiration date of the loan period, and the overdue interest rate of KRW 22% per annum.

(hereinafter “instant loan”). C.

On December 28, 2011, Defendant A and Defendant Korea Land and Housing Corporation entered into a lease agreement between Defendant A and Defendant Korea Land and Housing Corporation (hereinafter “Korea Land and Housing Corporation”) with the lease deposit amount of KRW 53,500,000 and the lease period of the instant real estate until February 28, 2014.

(hereinafter “the lease of this case”). D.

The defendant A, who notified the transfer and assignment of the lease deposit claim of the defendant A, transferred the lease deposit claim of KRW 53,500,000 to the plaintiff, and notified the transfer of the claim to the defendant Korea Land and Housing Corporation as of January 17, 2012.

E. Defendant A lost the benefit of time due to the failure to repay the principal to the lapse of the maturity date for the Defendant A’s loan obligation. The Defendant A did not repay the principal amount of KRW 37,260,00 as of July 11, 2014, overdue interest of KRW 1,714,970, total amount of KRW 38,974,970 as of July 11, 2014.

F. Although Defendant A and Defendant B prohibited the sublease of the instant real estate under the instant lease agreement, Defendant A, on October 13, 2012, prohibited Defendant B from making a sublease of the instant real estate, the lease deposit is 60,000.

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