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(영문) 수원지방법원안양지원 2014.11.20 2014가단14038

건물명도

Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Basic facts

A. On February 2, 2007, the Plaintiff leased real estate in the attached list (hereinafter “instant real estate”) to the Defendant, setting the deposit amount of KRW 20 million, KRW 700,000 per month, and the lease period from February 28, 2007 to February 28, 2009.

(hereinafter “instant lease agreement”). B.

Upon the renewal of the instant lease agreement, the Defendant occupied the instant real estate from August 2013 until the closing date of the pleadings, and the Defendant did not pay rent from August 2013.

C. The Plaintiff expressed his intent to terminate the instant lease agreement by serving a duplicate of the complaint of this case.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. With respect to the determination of the main safety ground of this case’s forest road building, the defendant did not possess the real estate of this case, and thus, the defendant alleged that the plaintiff has no standing to sue. However, as seen earlier, the defendant occupied the real estate of this case, so the above assertion by the defendant is without merit.

3. According to the above facts of determination as to the cause of the claim, since the lease contract of this case was lawfully terminated in accordance with the plaintiff's notice of termination, the defendant is obligated to deliver the real estate of this case to the plaintiff.

4. The plaintiff's claim of this case is justified and it is so decided as per Disposition.