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(영문) 부산지방법원 2016.09.09 2015나51125

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. Facts of recognition;

A. On November 30, 1997, the Plaintiff entered into a lease agreement with the Defendant on the attached real estate owned by the Plaintiff (hereinafter “instant housing”) with a lease deposit of KRW 1 million, KRW 100,000 per month, and KRW 120,000 per month (payment on January 30, 199), and a lease agreement with the Defendant to lease to the Defendant by setting the lease deposit amount as 12 months from the date of entering into the lease term (hereinafter “instant lease agreement”), and the Defendant received delivery of the instant housing from the Plaintiff and resided therein at that time.

B. On April 17, 2015, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the grounds that the Defendant’s delayed amount reaches the amount of two rents. Accordingly, on April 29, 2015, the Defendant sent to the Plaintiff a certificate of the content that “The Defendant agreed with C to maintain the Plaintiff’s father’s de facto marital relationship with C to reside free of charge in the instant house, while maintaining the Plaintiff’s de facto marital relationship with C, and the instant lease agreement was formally prepared at C’s request.”

C. The Defendant occupies and uses the instant house from the delivery of the instant complaint to the present.

【Ground for Recognition: Facts without dispute, entry of Gap 1, 3, and 4, the purport of the whole pleadings】

2. Determination as to requests for extradition of the instant house

A. According to the overall purport of the statement and arguments as to the cause of the claim, the Defendant paid rent to the Plaintiff according to the instant lease agreement, and delayed payment from March 201, when it paid rent to the Plaintiff. The Plaintiff was sent on April 17, 2015 with a certificate of content that the Plaintiff expressed his/her intent to terminate the instant lease agreement on the ground of the Defendant’s delinquency in rent, and the Defendant received it, and then sent a certificate of content that indicated the contents of the instant lease agreement on April 29, 2015. Thus, the instant lease agreement was lawfully terminated on April 2015.

Therefore, the defendant.