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(영문) 인천지방법원 2015.10.28 2015나52671

건물명도

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. According to the overall purport of evidence Nos. 1 through 3 of the judgment as to the cause of the claim, the Plaintiff entered into a lease contract with the co-defendants of the first instance court as to the building listed in the separate sheet (hereinafter “instant house”) on June 13, 2013 with the Korea Rehabilitation Agency (hereinafter “the instant lease contract”) at KRW 4,925,00, and the monthly rent of KRW 221,680 (hereinafter “the instant lease”). The Korea Rehabilitation Agency allowed the Defendant to occupy and use the instant house, and provided that the lessor may immediately terminate the instant lease contract where the lessee has been in arrears for at least three months. The Korea Rehabilitation Agency recognizes that the Plaintiff was not paid a rent since around April 2013, and that the Plaintiff was clearly obligated to deliver the instant house to the Plaintiff on the ground that the instant lease contract was terminated due to the fact that the Plaintiff’s declaration of intention to cancel the instant lease contract on the grounds of delinquency in payment. Therefore, the Defendant is obviously obligated to occupy the instant house.

2. In conclusion, the plaintiff's claim against the defendant is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.