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(영문) 부산지방법원 서부지원 2018.07.18 2017가단108897
건물명도(인도)
Text

1. Defendant A shall deliver to the Plaintiff the real estate listed in the attached list.

2. The plaintiff's claim against the defendant B.

Reasons

1. Basic facts

A. On December 9, 2015, the Plaintiff entered into a lease agreement with C and public construction rental housing (hereinafter “instant rental housing”) stipulating that real estate listed in the separate sheet (hereinafter “instant rental housing”) shall be leased by setting the lease deposit amount of KRW 2,325,00, monthly rent of KRW 47,690, and the lease period of KRW 31, 2018 (hereinafter “instant lease agreement”).

Article 10 of the above lease contract provides for the grounds for cancellation, termination or rejection of the contract as follows:

B. On May 24, 2017, C died, and Defendant A, D, and E (hereinafter “Defendant A, etc.”) inherited the deceased’s property. On July 3, 2017, Defendant A, etc. entered into an agreement on the division of inherited property with the content that the deceased’s rights under the instant lease agreement are inherited solely by the Defendant A.

C. On July 3, 2017, Defendant A notified the Plaintiff of the termination of the instant lease agreement.

At the time of the deceased’s death, Defendant B was residing in the instant rental house.

[Ground of recognition] Defendant B: The facts without dispute against Defendant B: Gap's evidence Nos. 1, 2, 3-1, 2, 4-1, 4-4, and 5, and the purport of the whole pleadings

2. Relevant statutes;

(a) Article 9 (Succession of Right to Lease Protection Act) (1) Where a lessee dies without a successor, a person who is in de facto marital relationship with a community life in the house shall succeed to the right and duty of the lessee;

(2) Where an heir at the time of death of a lessee does not live a family community life in the house concerned, he/she shall jointly succeed to the rights and duties of the lessee with the person in de facto marital relationship with which a family community life has been living in the house concerned and relatives within the

(3) In cases falling under paragraphs (1) and (2), where a person subject to succession under paragraphs (1) and (2) expresses his/her dissenting opinion to the lessor within one month after the tenant died.

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