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(영문) 수원지방법원 안양지원 2018.08.29 2017가단120675
건물명도(인도)
Text

1. Defendant A shall deliver to the Korea Land and Housing Corporation the real estate listed in the attached list.

2. Defendant.

Reasons

1. Determination as to the cause of claim

A. Fact 1) Defendant A is the Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) on November 27, 2015.

2) The apartment indicated in the separate sheet (hereinafter “instant apartment”)

) The lease deposit is KRW 17,300,000, monthly rent of KRW 197,000 (hereinafter “instant lease contract”) and is leased (hereinafter “instant lease contract”), and is residing in the instant apartment from around that time.

Article 11(1) of the instant lease agreement provides, “Where a lessee terminates a lease contract for public rental housing in the middle of a period not falling under Article 10(2), he/she shall notify the lessor of such termination at least one month prior to the scheduled date of termination of the contract (where the period until the scheduled date of termination of the contract remains at least one month, he/she may notify the lessor of the change within the scope that the scheduled date of termination remains at least one month after modification) and the lessor notified of such termination shall actively

2) On August 12, 2016, Defendant A borrowed KRW 15,500,000 as the agreed rate of 14% per annum, 19-23% per annum, and 15,500,000 per annum on October 31, 2018 (hereinafter “instant loan claim”).

(3) On July 8, 2016, Defendant A transferred to the Plaintiff the right to refund the lease deposit under the instant lease agreement. At that time, Defendant A issued to the Plaintiff a letter of commitment stating that “When the principal and interest of the loan are not repaid by the due date or due date for repayment, even within the lease period, the Plaintiff would terminate the lease agreement entered into with the lessor with respect to the said real estate so that the Plaintiff would be able to directly refund the lease deposit from the lessor, and immediately order the obligee or the obligee to order the building.” (3) On or around July 8, 2016, the Plaintiff notified the Defendant Corporation of the fact that the Plaintiff created a security for transfer regarding the right to return the lease deposit under the instant lease agreement, and the foregoing.

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