건물명도 등
1. Defendant C shall deliver to Defendant B the real estate listed in the separate sheet.
2. The defendant B is entitled to claim 1.
1. Facts of recognition;
A. H 2012
9. On December 12, 201, the Plaintiff leased (hereinafter “instant lease”) the real estate listed in the separate sheet (hereinafter “instant housing”) to the deceased I (hereinafter “the deceased”) with the term of lease from October 7, 2012 to October 6, 2014 (hereinafter “instant deposit”). Since then, the instant lease agreement has been implicitly renewed.
B. On June 13, 2013, H sold the instant house to Defendant B, and completed the registration of ownership transfer made by Defendant B on June 14, 2013.
C. The Deceased died on March 3, 2017, and the deceased’s heir is the Plaintiff (Appointed Party), the Appointed Party (Appointed Party), D, E, and F, whose spouse is the deceased’s heir G and children.
On May 15, 2017, the Plaintiff (Appointed Party) and the designated parties (hereinafter “Plaintiffs”) sent to Defendant B a certificate of content that they would terminate the instant lease agreement as the heir of the deceased, who is the lessee of the instant housing, and that the said certificate reached Defendant B around that time.
E. Defendant C resided in the instant house as of the date of closing argument and occupies it.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 5 (including each number, if any; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination as to the delivery of the building to the Defendants and the claim for the refund of deposit
A. According to the facts of the determination as to the cause of claim, the instant lease agreement was duly terminated on August 15, 2017, when three months (3 months) under Article 6-2(2) of the Housing Lease Protection Act were elapsed since the Plaintiffs’ declaration of termination, which is the deceased’s heir, had been implicitly renewed.
Therefore, unless there are special circumstances, Defendant C has a duty to deliver the instant house to Defendant B according to the subrogation claim to preserve the Plaintiffs’ claim for the refund of the instant deposit amount, and Supreme Court Decision 25 April 25, 1989.