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(영문) 서울북부지방법원 2018.06.08 2017가단20224
건물명도
Text

1. The Defendants jointly deliver to the Plaintiff the real estate indicated in the attached Form.

2. The Plaintiff and Defendant A. among the costs of lawsuit.

Reasons

1. Facts of premise;

A. B changed the name from the Plaintiff, a public rental housing business entity, to the Seoul Housing & Urban Corporation of the Seoul Urban Development Corporation.

Attached Form

On February 22, 2012, the lease deposit 1,850,000 won, monthly rent 38,500 won, and the expiration date of the lease was renewed on January 31, 2014.

B. Under the renewed lease agreement, the lessee shall notify the lessor of his/her intention to renew the lease at least one month prior to the expiration of the lease term (see Article 1(1) of the Special Conditions for Contracts).

(3. General Terms of Contracts Article 10, Paragraph 1, 8

C. B died on October 14, 2012, but the Plaintiff was unaware of this, and the Defendants were the heir or substitute heir B, and among them, Defendant A was still living in the instant apartment until now, and there was no succession or renewal of the lease contract after B’s death.

[Ground of Recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 2-2, the overall purport of the pleadings (the actual contents of the pleadings except defendant A and C: Confession)

2. Determination

A. According to the premise of determination as to the cause of claim, the Plaintiff and B’s lease agreement was left neglected without a long-term renewal from the expiration date of the last lease agreement (=1. 31, 2014), as well as from the date of the instant lawsuit until the date of the instant lawsuit. At least a copy of the instant complaint claiming the termination of the contract due to the nonperformance of the lease agreement was served on the Defendants, the heir, and thus, the said lease agreement was lawfully terminated and terminated.

Therefore, the co-inheritors B are jointly obligated to deliver the apartment of this case, which is the object of lease, to the Plaintiff, a lessor.

나. 피고들의 주장에 관한 판단 ㈎ 피고 A은 B이 의료사고로 갑자기 억울하게 사망하였고...

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