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(영문) 인천지방법원 2018.11.29 2018가단213926
양수금
Text

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

2. Defendant.

Reasons

1. Basic facts

A. Around May 30, 2003, Defendant A and the Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) concluded a lease agreement with the lessee, the lessor, and the lease period from May 30, 2003 to November 30, 2006 with respect to the real estate indicated on the attached real estate (hereinafter “instant real estate”). The lease agreement for the said real estate has been renewed thereafter.

B. On January 26, 2016, Defendant A transferred KRW 25,427,00 to the Plaintiff with regard to the instant real estate lease agreement, which Defendant A had against the Defendant Corporation, with a deposit return claim of KRW 25,427,00 on the same day, with a content certification with the same fixed date, notified the Defendant Corporation of the assignment of the assignment, and the said notification reached the Defendant Corporation around that time

C. On February 1, 2016, Defendant A loaned the loan amount of KRW 21,400,000 by setting the loan period from the Plaintiff by November 30, 2016, with the interest rate of KRW 6.5% per annum. At the time, Defendant A: (a) prepared a letter of performance of surrender to the lessor, stating, “When the debtor fails to pay the principal and interest of the loan by the due date (or the due date) the due date (or the due date (or the due date) the repayment date, he/she means the Plaintiff, even during the due date, he/she promises the lessor to immediately disclose the building so that he/she can be directly returned the entire deposit from the lessor.”

When Defendant A delayed payment of interest, etc., the Plaintiff notified Defendant A of the scheduled commencement of a legal procedure with content-certified mail on January 16, 2018, and the Defendant A received the content-certified mail around that time.

E. Meanwhile, on December 15, 2016, Defendant A and the Defendant Corporation concluded a lease agreement with the lessor, Defendant A, lessee, and lessee of the instant real estate from December 1, 2016 to November 30, 2018, the lease deposit amount of KRW 17,231,00, and monthly rent of KRW 156,410.

Grounds for recognition: Facts without dispute;

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