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(영문) 서울동부지방법원 2015.04.01 2014나21726

건물명도

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's primary and conjunctive claims are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. Basic facts

A. C participated in the Korean War in the 625 War, and returned to North Korea Armed Forces, and died on December 28, 2012 while staying in the Republic of Korea after escaping from the Republic of Korea around 2003.

B. From June 30, 2008 to the time of death, C resided in the apartment as indicated in the separate sheet owned by E (hereinafter “the apartment of this case”) with the Defendant, who was the prisoner of war from the Korean Armed Forces of North Korea, from June 30, 2008, and the Defendant is residing in the apartment of this case after C’s death.

C. Around April 30, 2008, a lease agreement with a lessor E, lessee C, lease deposit of KRW 185 million and a lease agreement with a maturity period from June 30, 2008 to June 30, 2010 was concluded regarding the apartment of this case. Around July 1, 2008, according to the move-in report as of July 1, 2008, C was registered as the head of the household and the Defendant as a cohabitant.

On November 1, 201, the Plaintiff left the Republic of Korea as C’s father and entered the Republic of Korea on November 1, 201.

[Ground of recognition] Facts without dispute, Gap 1 through 4, 7 evidence, Eul 4 evidence, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion C, as a sole tenant of the instant apartment, allowed the Defendant to live together in the instant apartment.

Since the Plaintiff succeeded to the status of tenant of the instant apartment after the death of C, the Defendant, as an occupant without title, is obligated to deliver the instant apartment to the Plaintiff as an occupant without title, and even if not, as an assistant in possession, is obligated to move out of the instant apartment upon the Plaintiff’s request.

B. The defendant's assertion that the lease contract of the apartment of this case only entered into a contract with the name of the tenant C, and the actual tenant, such as the defendant's preparation and payment of the lease deposit, is without merit.

3. Determination

A. Contrary to the Plaintiff’s assertion, C is a sole lessee of the instant apartment.