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1. Defendant A shall deliver to the Korea Land and Housing Corporation the buildings listed in the separate sheet.
2. Defendant.
Reasons
1. Facts of recognition;
A. On June 20, 2013, Defendant A and the Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) entered into a lease agreement with Defendant A to lease the buildings listed in the separate sheet (hereinafter “instant building”) with the amount of KRW 29,000,000 (hereinafter “instant building”) and monthly rent of KRW 240,000 (120,000 after conversion).
(hereinafter “instant lease agreement.” The Defendants set the term of the instant lease agreement at a fixed period (two years). Defendant A occupied the instant building on August 29, 2013, and the instant lease agreement was renewed on August 31, 2015 and extended by a fixed period.
B. On May 18, 2015, the Plaintiff loaned KRW 47 million to Defendant A at the maturity of 18 May 2017 and at the rate of 17% per annum (hereinafter “instant loan”). As security, on May 15, 2017, the Defendant transferred the right to return the lease deposit under the instant lease agreement with the Defendant Corporation.
C. On May 15, 2015, the Plaintiff was delegated with the authority to notify the assignment of claims by Defendant A, and notified Defendant Corporation of the assignment of claims, and the said notification reached Defendant Corporation at that time.
When Defendant A transferred the claim to return the lease deposit of this case to the Plaintiff as above, Defendant A prepared a letter of commitment to the effect that “In the event that the Plaintiff is unable to pay the principal and interest of the loan by the due date (or due date of loss of the term), even during the lease term, the Plaintiff would be able to directly return the lease deposit from the Defendant Corporation with respect to the building of this case, and immediately deliver the building to the Plaintiff or to the Plaintiff designated by the Plaintiff.”
E. From May 2017, Defendant A lost the benefit of time due to the Plaintiff’s failure to pay interest on the instant loan from around May 201.
recognized.