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(영문) 대구지방법원포항지원 2019.01.17 2018가단105031
건물명도(인도)
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. Facts of recognition;

A. The Plaintiff implemented a pre-existing house lease business so that basic living beneficiaries, etc. can reside in the present living zone, concluded a pre-existing house lease contract with the owner, and implemented the lease business to the occupants.

B. On June 18, 2009, with C and the Defendant, the Plaintiff entered into a lease agreement on the lease of the existing house between the lessor, the lessee, the Defendant, the occupant, the deposit money of KRW 30 million for lease on a deposit basis, and the lease period from June 30, 2009 to June 29, 201 (hereinafter “the lease agreement of this case”).

C. On June 18, 2009, the Plaintiff leased the instant real estate to the Defendant with the same period as the instant lease contract (hereinafter “instant lease contract”), the lease deposit amount of KRW 30 million (28.5 million, Defendant’s share of KRW 1.5 million), monthly rent of KRW 47,500, and the lease period of KRW 47,500, and the lease period of the instant real estate was set and leased (hereinafter “the instant lease contract”), and the Defendant was transferred the instant real estate from the Plaintiff around that time.

B. The instant lease agreement and the instant lease agreement are renewed, and the Plaintiff notified the Defendant of the termination of the instant lease agreement as of June 29, 2017, which was the expiration date, as of March 3, 2017, and as of June 29, 2017, the termination date of the instant lease agreement, respectively.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 5 evidence, purport of the whole pleadings

2. According to the above facts of the judgment on the cause of the claim, since the lease contract of this case was terminated as the expiration date, the defendant is obligated to deliver the real estate of this case to the plaintiff.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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