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Reasons
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(영문) 서울중앙지방법원 2019.10.22 2019가단22744
건물명도 청구의 소
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On September 29, 2000, the Defendant left from the North Korea and the first lease of the Defendant’s family members, and went away from the area north of the Military Demarcation Line (North Korea), and entered the Republic of Korea. On October 30, 2001, the name was changed from the Plaintiff to the “K Apartment” after the G Apartment, Gangnam-gu Seoul, the Plaintiff owned from the Plaintiff. The same applies H (hereinafter referred to as “H apartment”).

2) Around June 27, 2005, the Defendant’s mother, who leased and resided with D and E, left North Korea with the Defendant’s help and entered the Republic of Korea. On June 27, 2005, the Defendant leased and resided the said G Apartment J (hereinafter “instant apartment”).

B. (1) On August 13, 2014, E considered the following: (a) around July 29, 2015, E entered into a move-in report for the instant apartment from H apartment to H apartment; and (b) around July 29, 2015, I renewed the lease agreement with the Plaintiff on the instant apartment (the term of lease between August 1, 2015 and July 31, 2017; hereinafter referred to as “instant lease agreement”).

) On June 2, 2016, the deceased (hereinafter “the deceased”).

(2) Following the foregoing, the Defendant is divorced from D on October 20, 2016, and on November 1, 2016, succeeded to D with the name of the lessee of Hho apartment, and thereafter made a move-in report from H apartment to H apartment on November 2, 2016, and entered into the move-in report on the instant apartment from Hho apartment to Hho E, along with E, who is an son.

During the period from August 2, 2016 to June 2, 2016, the name and resident registration status of the tenant of the apartment of this case (Jho Lake) are as follows: (a) the Defendant, D, the Deceased, and the Deceased on August 13, 2014 to November 1, 2016; (b) the Defendant, D, the Deceased, and E (the Deceased’s Death on June 2, 2016) were arranged in order of time in the following order; (c) the Plaintiff’s refusal to renew the lease contract and the Plaintiff’s demand for delivery on July 2017.

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