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(영문) 서울중앙지방법원 2016.01.26 2015가단137235
건물명도
Text

1. The defendant shall leave the plaintiff from 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 April 26, 2010, Nonparty C leased to Nonparty D the real estate indicated in the separate sheet (hereinafter “instant loan No. 201”) with the rent of KRW 15 million from May 21, 2010 to May 20, 2012, with the lease deposit of KRW 15 million from May 21, 2010 to May 20, 2012. Nonparty E and F, as their parents, occupied and used the instant loan No. 201 from May 21, 2010, and the said lease was renewed and continued.

B. Meanwhile, after having paid C as the monthly rent on June 20, 2012, D began to delay from the monthly rent on July 20, 2012, and C has allowed the said lease contract by deducting the overdue rent from the rent deposit.

C. Since August 28, 2014, C sold the instant loan No. 201 to the Plaintiff, and completed the registration of ownership transfer on October 1, 2014, and the Plaintiff succeeded to the lessor’s status under the said lease agreement.

On the other hand, even after the Plaintiff succeeded to the lessor’s status, the Plaintiff was in arrears with D, and around November 27, 2014, the Plaintiff notified D of the termination of the instant lease on the ground of not less than two years of delinquency in payment of rent. Around that time, D, E, and F had reached D, but D, E, and F refused the delivery of the instant loan No. 201.

E. Accordingly, the Plaintiff filed a lawsuit against D seeking withdrawal against E and F, and obtained a final and conclusive judgment in favor of the court. On March 10, 2015, the Defendant, who is the form of D, without any title, occupied the instant transfer report of resident registration No. 201, without any title.

【Ground for Recognition: Evidence of No. 1 to No. 5 and the purport of the whole pleadings】

2. According to the above facts of recognition, the defendant, without any title, who possesses D's form of punishment and without title No. 201, is obligated to leave the Plaintiff, the owner of the loan of this case, from 201. Thus, the plaintiff's claim of this case is justified.

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