건물명도
1. The defendant shall deliver the attached list real estate to the plaintiff.
2. The costs of the lawsuit are assessed against the defendant.
3.Paragraph 1.
1. On March 31, 2014, the Plaintiff entered into a lease agreement with the Defendant on the real estate listed in the separate sheet corresponding to the publicly constructed rental house under the Rental Housing Act (hereinafter “instant lease agreement”) (hereinafter “instant building”); and on November 30, 2015, on the ground that Nonparty B, the Defendant’s wife, has already leased and resided in a rental house under the Rental Housing Act, the Plaintiff notified the Defendant of the cancellation of the instant lease agreement (the termination of the contract under Article 10 of the instant lease agreement) and the delivery of the instant building to the Plaintiff on or around November 30, 2015, the Plaintiff is either not in dispute between the parties, or in full view of the purport of the entire pleadings as indicated in the evidence Nos. 5, 3-5, 6-1 through 7 of the evidence No. 1, 5, 6-7.
According to the above facts of recognition, the defendant is obligated to deliver the building of this case to the plaintiff, except in extenuating circumstances.
2. The defendant's argument regarding the defendant's assertion is that the non-party B was living separately from August 2013, and thus, the plaintiff's claim of this case is unjustifiable. However, even if there is no evidence to acknowledge the above argument, and even if the above argument is true, the above fact alone cannot be deemed as not constituting a overlapping lease under the Rental Housing Act, and the above argument by the defendant is rejected.
3. The plaintiff's claim for conclusion is accepted on the ground of the reasons.