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(영문) 대구지방법원영덕지원 2019.06.18 2019가단246
건물인도
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the instant housing, and the Defendant is the occupant of the instant housing.

B. On May 7, 2015, the Defendant leased the instant house by designating D as “from May 7, 2015 to 60 months from May 7, 2015” between D and D, the Plaintiff’s partner.

(hereinafter “instant lease agreement”). 【No dispute exists, entry of evidence No. 1 and the purport of the entire pleadings”

2. According to the above facts of determination as to the cause of the claim, the Defendant, the occupant of the instant house, barring any other circumstances, is obligated to deliver the instant house to the Plaintiff, the owner of the instant house.

3. Judgment on the defendant's assertion

A. The defendant asserts that since the plaintiff consented to the lease contract of this case later, the claim of this case should be dismissed.

B. We examine the case. Since there is no dispute between the parties that the plaintiff consented to the lease contract of this case after the fact, the defendant has a legitimate right to possess the house of this case.

Therefore, the defendant's above assertion is justified.

4. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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