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(영문) 춘천지방법원강릉지원 2019.07.10 2018가단35093

건물명도(인도)

Text

1. The part concerning the claim for restoration of real estate among the lawsuits in this case shall be dismissed.

2. The defendant shall be the plaintiff.

(a) the annexed list;

Reasons

1. The purport of the Plaintiff’s claim in a civil lawsuit regarding the legitimacy of the part concerning the claim for restitution of real estate among the instant lawsuit is that necessary entry in the complaint for the purpose of the subject matter of lawsuit and the scope of the court’s trial, and its content and scope should be specified in detail so that it can be clearly identified. However, it is entirely unclear whether the part concerning the Plaintiff’s claim for restitution of the building indicated in the attached list among the instant lawsuit seeking restitution of real estate refers to any act that the Plaintiff seeks, and thus, this part

2. In full view of the facts that there is no dispute between the parties to the determination of the cause of the claim, and the purport of the entire pleadings as to the entries in the evidence A1 through 4 (including paper numbers), it is recognized that D representing C, the former owner of each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) was disputing that the Defendant leased each of the instant real estate from September 16, 2013 to September 16, 2013. However, in full view of the purport of the entire pleadings in the statement in evidence A1, the above lease agreement was concluded by setting the lease term by one year from September 16, 2013 to September 15, 2015 as the lease term was extended by September 16, 2016.

The Defendant entered into a lease contract with a term fixed on September 15, 2014, and renewed the lease contract once a year, and the Plaintiff transferred the ownership of each of the instant real estate from C on April 27, 2017 and demanded the Defendant to deliver each of the instant real estate on or around September 15, 2017, on the ground of the expiration of the lease term. However, upon receiving a request from the Defendant to extend the lease term only for one year, the said period shall be extended for one year on or before September 15, 2017, with the Defendant having been requested to extend the lease term only for one year, and the said period shall be extended for one year on or before September 15, 2017.