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(영문) 인천지방법원 2016.06.17 2015가단245724
건물명도
Text

1. The defendant shall deliver to the plaintiffs a part of 25 square meters indicated in the attached Form among the real estate indicated in the attached Form.

2...

Reasons

1. Facts recognized;

A. A. Around May 24, 2013, F decided to lease the instant real estate. Around May 24, 2013, F drafted a lease agreement entered into between G and a deposit of KRW 22 million, and the period from June 4, 2013 to June 3, 2015.

B. G paid the above security deposit to F, and the Defendant, the Dong resident of G, is residing in the instant real estate from June 4, 2013.

C. On September 3, 2015, G deceased on September 3, 2015, Plaintiff B, C, and D, the spouse of G, succeeded to the property rights and obligations of G.

[Ground of recognition] Facts without dispute, Gap 1 through 3, evidence Nos. 4-1, 2 and 5, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiffs asserted as follows.

G set the same amount as a monthly rent of KRW 300,000 per month, and made the Defendant sublease and reside in the instant real estate as a rental contract.

The above sub-lease contract is terminated on June 3, 2015, and the defendant is still in arrears from June 4, 2013, and thus the sub-lease contract is terminated by the delivery of the copy of the complaint in this case.

Therefore, the Defendant is obligated to deliver the instant real estate to G’s heir, and pay the amount equivalent to the rent of KRW 9 million calculated by the ratio of KRW 300,000 per month from June 4, 2013 to November 3, 2015 (300,000 won) and from December 3, 2015 to December 3, 2015.

B. The defendant's assertion that there was no sub-lease contract with G, and since the lease contract of this case was only G only under the name of the lessee, the actual lessee is the defendant, the plaintiffs' assertion is without merit.

3. Determination

A. First of all, we examine whether the lessee is G or the Defendant under the instant lease agreement.

The instant lease agreement was directly concluded by G and the deposit was also paid by G as seen earlier, and in light of the aforementioned circumstances, barring any special circumstance.

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