(영문) 의정부지방법원고양지원 2019.05.31 2018가단84726

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원고양지원 2019.05.31 2018가단84726

건물명도(인도)

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Facts of recognition

A. The deceased C’s spouse E (hereinafter “the deceased”) died on August 1, 2004.

The spouse F of the defendant died on July 14, 1980.

B. On December 19, 2016, the Deceased entered into a lease agreement with G on the real estate listed in the separate sheet (hereinafter “instant apartment”) with a deposit for lease amounting to KRW 320 million (hereinafter “instant lease agreement”). Around that time, the Deceased paid the deposit to G and resided in the instant apartment complex.

C. The Deceased died on July 15, 2018, and the Plaintiff and H inherited the Deceased’s children.

The defendant had resided in the apartment house of this case with the deceased around the time of his death, and has been occupying the apartment house of this case until now.

[Ground of recognition] In light of the above facts without dispute, Gap evidence Nos. 1 through 3 (including partial number of heading, hereinafter the same shall apply), Eul evidence Nos. 1 through 3, and judgment as to the ground of claim for the purport of the whole pleadings, the plaintiff jointly inherited the status of the deceased under the lease agreement of this case, and the defendant who occupies the apartment of this case is entitled to deliver the apartment of this case to the plaintiff, barring special circumstances. Thus, the defendant is obligated to deliver the apartment of this case to the plaintiff, unless there are special circumstances.

The defendant's defense against the defendant's defense had maintained de facto marital relations with the deceased for about 15 years before the death of the deceased and had resided in the apartment of this case at the time of the death of the deceased. Thus, if the heir does not live in a community life in the house at the time of the death of the tenant under Article 9 (2) of the Housing Lease Protection Act, if the heir does not live in a community life in the house at the time of the death of the tenant, the person in de facto marital relationship with the person in the family life

Pursuant to this case’s lease agreement.

참조조문

-주택임대차보호법 제9조 제2항

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