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(영문) 부산지방법원 2019.04.12 2018나52730

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. The reasoning for the court’s explanation of the instant case is as follows: (a) adding “(the instant lease agreement entered into between the Plaintiff and the Defendant Cooperative” at the last tenth day of the first instance judgment; and (b) adding “the lease agreement entered into between the Plaintiff and the Defendant Cooperative on the building of this case” at the same time as the part of the first instance judgment’s reasoning, except for adding the following judgments, thereby citing it as it is in accordance with the main sentence of Article 420 of

2. In addition, as alleged by the Defendant, the instant lease agreement is a genuine contract for the certificate No. 2, as alleged by the Defendant, and even if the instant lease agreement has been renewed by the Defendant’s exercise of the right to request the renewal of the contract on May 15, 2017, the fact that the Defendant did not pay as from February 2018 is as seen earlier, and the fact that the Plaintiff’s preparatory brief dated May 4, 2018, stating that he/she would terminate the instant lease on the ground of the delinquency in rent for at least three years, was delivered to the Defendant on May 8, 2018, is clearly stated in the record. Accordingly, the instant lease was lawfully terminated.

Therefore, in light of this point, the defendant is obligated to deliver the building of this case to the plaintiff at the same time after deducting the remaining rent from the plaintiff and receiving the remainder lease deposit.

Therefore, the defendant's assertion has no reason to see any mother.

3. In conclusion, the judgment of the court of first instance is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.