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(영문) 서울남부지방법원 2019.06.19 2018가단18218
건물명도
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. Facts of recognition;

A. On November 5, 2015, the Plaintiff leased real estate listed in the separate sheet (hereinafter “instant building”) to the network E by setting the rental deposit of 22,160,000 won, monthly rent of 184,600 won, and the lease period of 31 December 2017.

B. On or before December 31, 2017, the expiration date of the lease agreement, the Plaintiff notified the lessee of the renewal of the lease agreement, but failed to comply therewith, and finally notified the termination of the lease agreement on June 8, 2018.

C. The Lessee, a lessee, died, and his heir is F, G, H, I, and the Defendant, a child, and the Defendant occupies the instant building as of the date of the closing of argument in the instant case.

3. Where a lessee has committed an act falling under any of the following subparagraphs, the lessor may cancel or terminate this contract, or refuse to renew the lease contract:

8. Where a renewed contract is not concluded even though the lease contract term has expired;

4. Article 10 of the Special Conditions for Contracts (Cancellation or Termination of Contracts) (1) In the event that a lease contract is canceled or terminated due to any cause set forth in subparagraphs of Article 10 (1) of the General Conditions for Contracts, the lessee shall reinstate the rental house and order the lessor to restore it within three months.

The details of the agreement on cancellation and termination of the instant lease agreement are as follows.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 through 5, the purport of the whole pleadings

2. According to the above facts of recognition, the lease contract for the building of this case between the plaintiff and the deceased E is terminated at the expiration of the term, and the defendant occupies the building of this case without any title, so the defendant is obligated to deliver the building of this case to the plaintiff who is the owner.

Although the defendant asserts to the effect that the lease contract will be extended due to economic difficulties, the defendant concludes a lease contract with the plaintiff.

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