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(영문) 창원지방법원통영지원 2016.08.11 2016가단21215
건물명도
Text

1. The defendant is a house with a 40 square meters in a lux, C, 40 square meters in a lux, and a cement block roof of 23 square meters in a lux.

Reasons

1. Basic facts

A. The Plaintiff completed the registration of transfer of ownership on March 20, 2012 with the Changwon District Court Seowon District Court Branch No. 13107, which received on March 20, 2012, with respect to C and D cement block block structure, 49.41 square meters (hereinafter “instant building”).

B. As of the date of closing argument of the instant case, the Defendant occupies the instant building.

[Reasons for Recognition] Facts that there is no dispute between the parties, entry of Gap evidence 1 (including provisional number), purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion 1) The defendant occupies the building of this case without any title. 2) If a lease contract between the plaintiff and the defendant is concluded with no authority, this is the conclusion of the lease contract with E without any authority, and the above lease contract is null and void.

3) According to Article 4 of the above lease contract even if the lease contract between the Plaintiff and the Defendant is established, if the overdue rent of the lessee reaches the amount of two-year rents, the lessor may immediately terminate the lease contract. Thus, the Plaintiff’s service on the legal brief dated May 20, 2016 on the ground of the Defendant’s delinquency in the rent is terminated by serving the said lease contract on E. The Plaintiff left the date, etc. related to the lease of the instant building for business or health reasons.

2) E entered into a lease agreement on the instant building on behalf of the Plaintiff with the Defendant on behalf of the Plaintiff. 3) The Defendant believed that E was the Plaintiff’s agent and was a lawful act.

3. Determination

A. According to the facts acknowledged prior to the determination of the cause of the claim, the defendant is obligated to present the title to occupy the building of this case, and to order the plaintiff as the owner unless it proves the right to possess the building of this case.

B. The Defendant’s assertion 1) The Plaintiff reported the marriage with E around May 2013.

(b).

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