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(영문) 창원지방법원통영지원 2020.07.02 2020가단11536
건물인도
Text

1. Defendant C shall take precedence over each point of indication 1, 2, 3, 4, and 1 of the attached drawings among the real estate listed in the attached list to Defendant D.

Reasons

1. Basic facts

A. On June 18, 2017, Defendant C entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant D to set the lease deposit amount of KRW 20 million, monthly rent from June 18, 2017 to June 17, 2018, with respect to the portion of KRW 59.4 square meters in the attached Form No. 1, 2, 3, 4, and 1, connected to each of the items in the real estate listed in the attached Table No. 1, 59.4 square meters (hereinafter “the part of the instant building”).

From then to then, Defendant C occupied and used the part of the building of this case.

B. On November 17, 2017, the Plaintiff lent the principal amount of KRW 3 million to Defendant C.

On the same day, Defendant C borrowed KRW 3 million from six loan companies, including the Plaintiff, in total, KRW 18 million, and entered into an agreement with the said companies to transfer “ KRW 18 million out of the deposit repayment claim under the instant lease agreement owned by Defendant D” to the said companies. In the event of the occurrence of arrears, loss of the due date, etc. to the transferee at the time, the transferee granted the authority to notify the transferor on behalf of the transferor to exercise the right to claim the return of the lease deposit.

C. On May 15, 2018, Defendant C renewed the instant lease agreement with Defendant D, and the lease deposit and monthly rent are the same as the instant lease agreement, and the period was set from June 18, 2018 to 12 months.

On June 18, 2018, Defendant C transferred claims to F, a representative creditor of six lending companies, including the Plaintiff, and F, and B, as seen in the above “B,” and prepared and awarded “written consent of transfer and takeover contract management” that confers F, a notification of transfer of claims.

E. On September 13, 2018, F Co., Ltd. notified Defendant D of the assignment of claims on behalf of six lending companies, including the Plaintiff, and hereinafter “the instant case”).

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