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(영문) 인천지방법원 2015.06.16 2015가단201113

건물명도

Text

1. The Plaintiff:

A. Defendant B from January 1, 2015 to January 1, 2015, at KRW 4.4 million from the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 9, 2011, the Plaintiff entered into a lease agreement with Defendant B and the Plaintiff for the term of KRW 10 million, KRW 350,000,000 (the last day of each month of the payment date), and the term from May 11, 201 to May 11, 2013 regarding the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”).

B. Defendant B, who is either the husband or wife of Defendant D, and Defendant C, after completing the move-in report on May 13, 201, and the mother of Defendant B had resided in the instant real estate together with Defendant B E.

C. On May 12, 2014, the Plaintiff entered into a sales contract with F on the instant real estate and notified the Defendant side of the conclusion of the said sales contract, and received a promise from Defendant C who represented Defendant B to deliver the instant real estate by June 30, 2014, and paid KRW 3.5 million to the Defendant side at its director’s expense.

However, the Defendant C, however, declared that he would not leave the instant real estate by reversing his intention, was residing in the instant real estate without paying the difference from July 2014, and the said sales contract between the Plaintiff and F was rescinded.

E. On November 3, 2014, the Plaintiff filed the instant lawsuit seeking the delivery of the instant real estate on January 12, 2015, following the Defendants’ notification of the termination of the lease agreement on the ground of a tea.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 2, 3, 4, 7, 10, 13, and the purport of the whole pleadings

2. According to the facts found above, the lease contract in this case was terminated on February 4, 2015, on the ground that it was clearly recorded that the duplicate of the complaint was served on Defendant B, and it was terminated on the ground of the following forest land. Thus, Defendant B, the lessee of the lease in this case, was the lessee of the lease in this case and the lessee did not return the leased object to the lessee, barring special circumstances where the lessee did not return the leased object even though the cost of director was paid by the lessor on the premise that the lease was terminated.