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(영문) 서울서부지방법원 2016.11.24 2016가단214042

건물명도

Text

1. The Defendant indicated in the attached Form No. 1, 2, 3, 9, among the buildings of the 3rd floor of Yongsan-gu Seoul Metropolitan Government Da-gu Da-gu D ground bricks.

Reasons

1. Facts of recognition;

A. On May 8, 2013, the network E (hereinafter “the network”) entered into a lease agreement with F, who is the owner, with respect to the size of 43.4 square meters (203 square meters) in part of “bbb” inside the ship connected with the indication 1, 2, 3, 9, 8, and 1 of the attached drawings among the three-story housing buildings on the D, Yongsan-gu Seoul Metropolitan Government, a building without permission, with a lease term of KRW 100 million, from July 28, 2013 to July 27, 2015, and thereafter, the lease agreement was concluded between F, who is the owner.

B. On July 11, 2013, the Deceased completed the registration of the establishment of a neighboring mortgage (Seoul Western District Court No. 24192, Jul. 11, 2013) with respect to the debtor, F, the deceased, and the maximum debt amount of KRW 100 million on the share of 246.9 square meters in Yongsan-gu Seoul, Yongsan-gu, Seoul, Seoul, which is owned by F, the debtor, the mortgagee, and the maximum debt amount of KRW 100 million.

C. On June 29, 2015, the Deceased died, and his heir is the Plaintiff who is the adopted child.

The Defendant was the kin of the deceased’s wife G, and the above Ga from the date when it was closed to the date of the closure of the argument in this case.

possession of the leased section stated in the subsection.

(hereinafter referred to as “the occupied portion of this case”). [Grounds for recognition] : (a) there is no dispute; (b) entry of Gap’s evidence Nos. 1 through 6 (including branch numbers; hereinafter the same shall apply); (c) the result of this court’s commission of appraisal to the Chief of the Korea Land and Information Corporation, the purport of the entire pleadings.

2. According to the above facts of recognition as to the cause of claim and defense, unless there are special circumstances, the defendant is obligated to deliver the part of possession of this case to the plaintiff who comprehensively taken over the status of the tenant of the occupied part from the deceased.

As to this, the Defendant retired from the place of work that was going from around 2008, and provided a extreme support to the deceased and the deceased deceased deceased G for more than 8 years, and on the ground of the indication of the paralysis, the deceased will give the Defendant a donation of the amount equivalent to the deposit money for the lease of the occupied part of this case.