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(영문) 서울남부지방법원 2020.01.17 2019가단223529
건물명도(인도)
Text

1. The defendant shall give order to the plaintiff each point of indication 1, 2, 3, 4, and 1 of the attached drawings among the 1st floor of the real estate listed in the attached list.

Reasons

The following facts are established: (a) there is no dispute between the parties or comprehensively taking account of the purport of the entire pleadings in the evidence Nos. 1 through 4, and (b) as the owner of the real estate listed in the separate sheet, D concluded a lease contract with the owner of the real estate listed in the separate sheet on December 12, 2006, with the lease deposit of KRW 1,00,000,000, the rent of KRW 120,000,000, and the contract period of KRW 24 months; (c) the above lease contract was renewed several times; (d) the Defendant occupied the real estate of this case after residing in the real estate of this case with E and E on May 2014, and used it while occupying and using the real estate of this case to D from May 2014; and (d) the Defendant paid the inheritance charges, etc. for the inheritance of this case between the heir and the heir and the heir, and (e) the heir were dead on May 13, 2016.

According to the above facts, the defendant occupies and uses the real estate of this case without title, and the plaintiff can independently seek the delivery of the real estate of this case as the preservation act of the jointly owned property. Thus, the defendant is obligated to deliver the real estate of this case to the plaintiff

On the other hand, the former lessee assumes the duty to pay rent to the lessor and, in the event that the former lessee has failed to pay rent for at least two periods, the lessor may terminate the sub-lease contract. The Defendant is the person who did not pay rent from February 2, 2019. The Plaintiff clearly expressed his intention to request the delivery of the instant real estate by serving a duplicate of the complaint in this case, and the fact that the duplicate of the complaint in this case was served on the Defendant on May 14, 2019 is apparent in the record. Thus, even if D is the lessee in the original lease contract, E is the Defendant at the time of leaving the instant real estate.

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