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(영문) 의정부지방법원 2017.08.23 2016나57834
건물명도
Text

1. The defendant's appeal is dismissed.

2. According to the plaintiff's expansion of the purport of the claim in this court, the defendant shall be the plaintiff.

Reasons

1. The reasons why the court accepted the judgment of the court of first instance for this case are as stated in the reasoning of the judgment of the court of first instance except for the part that the plaintiff extended the purport of the claim in the court of first instance and the defendant emphasized or added in the court of first instance as to the assertion that the defendant emphasizes or added in the court of first instance (the same shall apply to the case in light of the evidence additionally submitted by the defendant in the court of first instance), and they are cited by the main sentence of

2. Determination on the part that the plaintiff extended the purport of the claim in the trial

A. The facts of recognition 1) The Defendant, pursuant to the instant lease agreement, connects each point of the attached Form 1, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 1, among the instant buildings under the instant lease agreement, to the ship that connects each point of 131 square meters of housing units and 13, 14, 15, 16, 17, 18, 19, 20, 20, 6, 5, 4, and 13 in sequence. The Defendant occupies the part of the instant building among the instant buildings around March 3, 199 after the instant lease agreement.

Among the Dongs, the two floors are expanded and connected in order of each point indicated in the attached Form 1, 2, 3, 4, and 1 in the attached Form 2 drawings (hereinafter referred to as the “instant extension”).

3) On May 14, 2013, the Plaintiff sent to the Defendant a certificate of content that the Plaintiff had no intent to extend or renew the instant lease agreement, which reaches the Defendant on May 16, 2013. [The purport of the entire pleadings is as follows: (a) there is no dispute over the grounds for recognition; (b) the entries and images of the evidence No. 6-1 and No. 14; and (c) the results of each request for appraisal of the appraiser F of the Party;

B. According to the above facts of recognition, the instant lease was terminated upon the expiration of the period.

Therefore, the defendant is obligated to deliver each of the above possession parts and the extension parts of this case to the plaintiff unless it proves the special possessory right source.

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