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(영문) 서울남부지방법원 2015.11.13 2015가단208423
건물명도
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Basic facts

A. On January 26, 2011, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with respect to real estate listed in the [Attachment List, which is permanent rental housing (hereinafter “instant rental housing”), with the content that the lease term is KRW 3,085,00, monthly rent, KRW 54,720, and matters not specified in this agreement shall be governed by the Rental Housing Act, the Rules on Housing Supply, etc. (hereinafter “instant lease agreement”). B, the instant rental housing was occupied and used by the Plaintiff after being transferred from the Plaintiff.

B. B died on December 6, 2012, and the Defendant currently occupied and used the instant rental housing.

[Reasons for Recognition] Facts that there is no dispute between the parties, evidence No. 2-1 and No. 2, the purport of the whole pleadings

2. Determination:

A. According to the above facts in determining the cause of the claim, the instant lease contract was terminated due to the death of B, the contractor of the instant rental house, or the said lease term expired.

In the end, the defendant occupies the rental house of this case without any title.

Therefore, the defendant is responsible to deliver the instant rental house to the plaintiff.

B. As to the Defendant’s assertion, the Defendant asserted that the Plaintiff’s request for extradition is groundless since the instant lease agreement should be succeeded to himself/herself, who was residing together with B, the contractor of the instant lease agreement.

Article 8 (11) A management authority shall cancel or terminate a contract where the contractor is unable to maintain the contract due to his/her death or declaration of disappearance pursuant to Article 12 (9).

Provided, That Article 4 (1) through (3) shall be the head of a homeless household residing in the relevant permanent rental house.

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