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서울동부지방법원 2020.05.06 2019나2430

건물명도(인도)

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasoning of the judgment of the first instance is as follows, except for the addition of the following '2. Additional Judgment' as to the assertion that the Defendants stressed or added in this court, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(2) On the other hand, the defendants asserted that the reason for termination of the contract was extinguished because they were not members of the apartment house of this case after they came to know that they violated the contract and restore their resident registration after they came to know that they were in violation of the contract. However, as long as the reason for termination of the contract has already occurred, even if they were not members of the apartment house of this case, the reason for termination of the contract of this case cannot be seen as retroactively extinguished even if they were not members of the apartment house

(1) In addition, the assertion that the lessor could not be deemed a legitimate defense against the claim of this case, in itself, where the lessee or a person who belongs to the household owns another house during the lease period of the apartment of this case or occupies another house as a result of winning it in another house, and that the lessor could refuse to cancel or terminate the lease contract, or refuse to renew the lease contract.

3. In conclusion, the judgment of the first instance is legitimate, and all appeals by the Defendants are dismissed. It is so decided as per Disposition by the assent of all participating Justices.