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(영문) 수원지방법원성남지원 2013.11.29 2012가단37533
건물인도
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. On March 2, 2012, the Plaintiff acquired ownership of the real estate listed in the separate sheet (hereinafter “instant building”) from D, and the Defendant, a female student of D, resides in the said building.

[Ground for Recognition: Facts without dispute]

2. The assertion and judgment

A. (1) The plaintiff's assertion (1) since the defendant occupies the building of this case without any title, he must deliver the building to the plaintiff.

(2) On February 19, 2012, E, the Defendant’s husband of the instant building, entered into a lease agreement with D, setting the lease deposit amount of KRW 30 million and the lease period of KRW 2 million from February 20, 2012, and the opposing power stipulated in the Housing Lease Protection Act. Thus, the Plaintiff succeeded to the lessor’s status of the said lease agreement.

In addition, the Plaintiff purchased the instant building under the condition that the Plaintiff accepts the obligation to return the lease deposit amount of KRW 30 million to D E.

Therefore, the defendant has the right to possess the building of this case before the above lease term expires, and even if the defendant is obligated to deliver the building to the plaintiff, the above building cannot be transferred until E is paid the lease deposit amount of KRW 30 million from the plaintiff.

B. According to the evidence evidence No. 1, E, the husband of the defendant, around February 19, 2012, entered into a lease agreement between D with respect to the building of this case with D as of February 20, 2012, with the lease deposit of KRW 30 million and the lease agreement of KRW 24 months from February 20, 2012. The above lease agreement is valid only as the extension of this contract, and KRW 30 million was received by the lessor at the time of new construction of the building, and until now, it has been agreed on the lease agreement on this day, and it is recognized that the lessor and the lessee agreed on the above contract.

However, the legislative purpose of the Housing Lease Protection Act (hereinafter "Act") is residential.

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