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(영문) 수원지방법원성남지원 2013.03.14 2010가단51047
건물인도
Text

1. The Defendant (Counterclaim Plaintiff) shall deliver to the Plaintiff (Counterclaim Defendant) the real estate indicated in the separate sheet.

2...

Reasons

1. Basic facts

A. The Plaintiff and her husband C, the Defendant and her wife D came to know while entering the same church. As a result, the Defendant, who was engaged in the construction business, experienced economic difficulties around 2001 and was unable to seek a place where she would live, the Plaintiff lent KRW 20 million to the Defendant’s husband and wife on the condition of 0.7% interest per month.

B. On April 16, 2001, the Defendant couple leased the real estate listed in the separate sheet (hereinafter “instant apartment”) from New Co., Ltd., New Co., Ltd. to the Plaintiff at KRW 20 million, monthly rent, KRW 102,00,00 from around that time, and thereafter reside in the instant apartment from around that time. The lessee’s name of the lease agreement was the Plaintiff, not the Defendant, seeking to guarantee the Plaintiff’s obligation to lend a loan to the Plaintiff’s husband. On December 16, 2004, C was drafted a letter on the obligation of KRW 28,200,000,000 from the Defendant to the Defendant as the lease deposit for the instant apartment.

C. The Defendant couple did not pay for the rent of the instant apartment to New Co., Ltd. for about two years, and as a result, the Plaintiff was in the situation where the lessor was requested to request the delivery of the instant apartment.

Accordingly, on September 30, 2005, the Plaintiff couple increased the lease deposit to KRW 27,424,00,000, and the lease contract for the apartment of this case was renewed under the condition that the rent should not be known, and the Defendant couple paid the rent of KRW 2,561,490 and the rent of KRW 2,561,490 in arrears of the Defendant couple to New Zealand.

C On September 30, 2005, the Plaintiff’s husband and wife settled the amount of debt at KRW 57,590,050 by aggregating all the money paid by the Plaintiff’s husband and wife as the lease deposit, etc. of the instant apartment and all the other money lent to the Defendant, and the interest accrued thereon shall be paid at KRW 335,950 per month on the 25th of each month, and the payment of the interest shall be delayed for at least three months.

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