beta
(영문) 의정부지방법원고양지원 2014.12.03 2014가단20724

건물명도

Text

1. The request is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The fact of recognition was that Defendant C leased from the deceased E on February 16, 2006, the lease deposit amount of KRW 30 million, the rent amount of KRW 30,000,000,000 for KRW 306,000,000 for rent, and the period from March 4, 2006 to December 12, 2006. The Plaintiff owned 54/630 shares for the apartment of this case; the deceased owned 54/630 shares for the apartment of this case; the deceased F owned 126/630 shares.

The facts inherited by GH due to death may be recognized as either a dispute between the parties, or as a whole by taking into account the entry of the evidence No. 1 and the purport of the entire pleadings.

2. Plaintiff’s assertion and judgment

A. As the alleged Defendants did not pay a rent from October 2007, the lease contract is terminated through the service of a duplicate of the complaint of this case and seek the delivery of the apartment of this case as the restoration of the original state.

B. The Plaintiff is not a party to the lease contract for the instant apartment.

The contract termination right is a right which is granted to the parties to the contract, and it does not automatically recognize the contract termination right.

Therefore, the plaintiff cannot terminate the lease contract for the apartment of this case.

3. In conclusion, the Plaintiff’s claim, which the Plaintiff sought on the premise that it is a party to the lease agreement on the apartment of this case, cannot be accepted, and it is so decided as per Disposition.