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(영문) 부산지방법원동부지원 2016.01.08 2015가단202898
건물명도
Text

1. The Defendants shall order the Plaintiff to name the real estate indicated in the attached list.

2. The Defendants are jointly and severally liable to the Plaintiff for 80.

Reasons

1. Facts of recognition;

A. On March 18, 2010, the Plaintiff entered into a lease agreement with Nonparty B and the Plaintiff (hereinafter “instant apartment”) on a lease deposit of KRW 4,000,000, monthly rent of KRW 500,000, and a contract term of KRW 1 year for an apartment as indicated in the separate sheet owned by the Plaintiff (hereinafter “instant apartment”). On March 18, 201, the Plaintiff entered into a lease agreement with the same contract term of two years under the same contract term as of March 18, 201.

(hereinafter “instant lease agreement”). B.

On November 12, 2014, the Plaintiff notified the Plaintiff of the refusal to renew the contract.

C. Non-party B and the Defendants paid KRW 500,00 per month by December 18, 2015, except that paid KRW 420,000 on September 18, 2015.

On June 23, 2015, Non-Party B died on June 23, 2015, and even though the deceased’s inheritor C, E, and Non-Party F, the husband’s husband, the non-party F filed a claim for adjudication on renunciation of inheritance with the Busan Family Court 2015 D, E, and 3176, the claim for adjudication was accepted on October 7, 2015.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1, 2, Eul evidence Nos. 1 and 1 (including each number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, the instant lease agreement was lawfully terminated upon the lapse of March 17, 2015, which is the termination date of the contract. Therefore, the Defendants, who inherited the status of the lessee from the network B, are obligated to order the Plaintiff to use the instant apartment, and jointly and severally, to pay the Plaintiff the amount calculated at the rate of KRW 80,000 per month from September 18, 2015 to the completion date of the name of the apartment from December 19, 2015, with the rent and unjust enrichment for the rent and rent that are not paid to the Plaintiff.

B. Defendant D’s assertion is alleged to the effect that the contract term of the first lease contract of this case is two years, and that the termination of the contract was extended by implied renewal until March 18, 2016, and that Nonparty B is not aware of.

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