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(영문) 부산지방법원 2018.07.05 2017가단32486

건물인도 등

Text

1. The defendant shall deliver to the plaintiff the apartment as stated in the attached list.

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

3...

Reasons

1. In full view of the facts without dispute over recognition and the facts stated in the evidence No. 2 of this case, the defendant's possession of apartment buildings listed in the separate sheet (hereinafter "the apartment of this case") owned by the plaintiff can be acknowledged.

According to the above facts, the defendant is obligated to deliver the above apartment to the plaintiff, unless he asserts that he has a legitimate right to possess the apartment of this case and fails to prove that he has a legitimate right.

2. The defendant's assertion and judgment that the defendant's mother of the apartment of this case originally leased the apartment of this case from the plaintiff, and that the defendant cannot respond to the plaintiff's claim since he died and succeeded to the apartment of this case.

The facts that B died on June 30, 2017 and his/her property inherited at the respective inheritance shares of C, D, Defendant, and E, who are his/her children, are not disputed between the parties, but in full view of the purport of the entire pleadings in the statement of evidence No. 1, B may be recognized as having leased the apartment of this case from the Plaintiff as of September 30, 2015 by setting the lease deposit amount of KRW 2,160,000, the rental fee of KRW 40,000, the lease period of August 17, 2017 (hereinafter “instant lease contract”). Accordingly, the said lease contract was terminated at the expiration of the lease period, and there is no evidence to acknowledge that the instant lease contract was renewed or the Defendant succeeded to the said lease contract was succeeded.

Therefore, the defendant's argument is without merit.

3. If so, the plaintiff's claim is justified and it is so decided as per Disposition.