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(영문) 인천지방법원 2019.01.09 2018가단25426
건물명도등
Text

1. The defendants jointly indicate 1, 2, 9, 10, 11, 12, 12, 1 of the attached Form No. 1 of the real estate as shown in the attached Form No. 1 of the plaintiff.

Reasons

The plaintiff is the owner of the real estate indicated in the order and the fact that the defendants jointly possess it is not a dispute between the parties.

As the Plaintiff claims the return of possession by asserting that he/she was the owner and the Defendants possessed without title, the Plaintiff’s claim may be deemed to be in accordance with the main sentence of Article 213 of the Civil Act.

In the absence of special circumstances, the Plaintiff may file a claim for surrender against the Defendants, the possessor.

Whether there are such special circumstances, the legitimacy of the defendant's defense is examined below.

The defendants have a defense to the effect that they have the right to continue possession.

There was no notification of rejection of renewal or change of conditions between six months and one month before the expiration of the lease agreement, which is the plaintiff's agent, or there was no notification of rejection of renewal or change of conditions under Article 10 (4) of the Commercial Building Lease Protection Act. Thus, an implied renewal under Article 10 (4) of the Commercial Building Lease Protection Act can be examined by dividing into two parts.

The fact that the Plaintiff and Defendant B entered into a lease agreement with the Plaintiff on August 2, 2013, with regard to real estate stated in the order, KRW 2.5 million, KRW 9 million per month, KRW 900,000 per month, and the period from August 22, 2013 to August 22, 2018, there is no dispute between the parties.

The issue is whether it is renewed or not, and there is no proof of the defendants as to the defendants' assertion that has been renewed at the expiration of the period.

Therefore, the above defense shall not be accepted.

Therefore, the Defendants jointly have the duty to deliver the real estate stated in the text to the Plaintiff.

The plaintiff's claim is accepted and the decision is rendered in favor of the plaintiff.

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