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(영문) 수원지방법원 2019.05.23 2018나76002
건물명도(인도)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport:

Reasons

1. (1) The Plaintiff is the owner of the real estate listed in the separate sheet (hereinafter “instant apartment”), a public rental apartment, and transferred the instant apartment to the Defendant around April 2014 (hereinafter “instant apartment”). Around that time, the Plaintiff leased the instant apartment to the Defendant (hereinafter “instant apartment”). On April 20, 2016, upon renewal of the instant apartment contract, the lease deposit was changed to KRW 2,0980,000,000 and KRW 650,380,000,000,000,000,000,000,000,000)

(2) According to the instant contract, where the Defendant, a lessee, transfers his right of lease to another person or subleases the lease to another person, the Plaintiff, a lessor, may terminate or refuse to renew the instant contract.

(3) Around May 2014, Nonparty B occupied the instant apartment and resided from that time, and completed the move-in report on the resident registration as a person living together with the Defendant on August 21, 2015. Around July 2016, Nonparty B married with Nonparty C and filed a move-in report on the instant apartment on the Defendant’s relative on July 15, 2016, and Nonparty D registered as the Defendant’s relative to the Defendant’s resident registration card.

(4) In order to verify whether the Defendant actually resided in the instant apartment, the Plaintiff’s employee conducted a fact-finding survey on October 15, 2016, and at the time, the Defendant stated the name of the said B and C as F and G in the column of the occupant status survey.

In addition, at the time of the fact-finding survey, C made a consistent statement by stating that the relationship with the defendant was first known as a Silver, as an external village, and again called as the owner of the house.

(5) B registered three vehicles owned and managed by it as an occupant vehicle of the instant apartment complex, while the Defendant-owned vehicle was not entirely registered as an occupant vehicle.

In addition, mail and door-to-door distribution in B and C are the apartment of this case.

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