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1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.
2. The costs of lawsuit are assessed against the Defendants.
3.
Reasons
1. Basic facts
A. On October 8, 2009, the Plaintiff completed the registration of ownership transfer with respect to the real estate (the instant house) listed in the separate sheet.
B. On June 30, 201, the Plaintiff and the deceased (the deceased) concluded a lease agreement with respect to the instant housing as follows.
Rental deposit amounting to 36,070 won monthly rent of KRW 2,100,000 from July 19, 201 to August 31, 2013
C. The Deceased died on August 6, 2012, and the Defendant B and C, who is the deceased’s child, became the inheritor.
1) On August 28, 2013, Defendant B and C consulted on the division of inherited property with the purport that “Defendant B succeeds to the right to lease and the right to lease of the instant house, and Defendant C waives the inheritance of the said right.” Defendant B filed an application for the termination of the instant lease agreement with the Plaintiff on the same day.
E. Defendant A occupies the instant house.
[Ground of recognition] Facts without dispute, Gap 1, 2, 5 through 7, 9 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. The assertion and judgment
A. The summary of the Plaintiff’s assertion 1) The deceased, who is the lessee of the instant house, died, and the term of the lease expires. As such, Defendant B and C, as the inheritor of the deceased, the Defendant was obligated to deliver the instant house to the Plaintiff as an illegal occupant. In addition, the lease contract was not implicitly renewed on the instant house. The Defendants were not implicitly and the Plaintiff terminated the lease contract on more than three occasions a month in arrears. As the Defendants were liable to deliver the instant house to the Plaintiff. (2) At the time of Defendant A’s death of the deceased, Defendant B and C, who is the inheritor of the deceased, did not deliver the instant house to the Plaintiff. (3) At the time of Defendant A’s death of the deceased, Defendant B and C did not engage in a family community life with the deceased. As Defendant A was in de facto marital relationship with the deceased, Defendant
The plaintiff did not notify the defendant A of the rejection of renewal.