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(영문) 수원지방법원 2015.07.29 2014나48719
건물등철거
Text

1.The judgment of the first instance shall be modified as follows:

Defendant (Appointed Party) is from the Plaintiffs 1 to the Plaintiffs.

Reasons

1. The reasons why the court should explain this part of the basic facts are the same as the statement in the column of "1. Basic Facts" of the court of first instance, and therefore, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Judgment on the part of the main claim seeking removal of building and delivery of land

A. (1) In the event a lessee dies during the existence of a lease agreement, the heir of the lessee shall succeed to the lessee’s status.

(B) In the absence of an agreement on the term of lease (see, e.g., Article 1005 of the Civil Act; Article 9 of the Housing Lease Protection Act; Article 2010Da30416, Sept. 9, 2010); (b) the parties to a contract may notify at any time the lessor of the termination of the contract (Article 635(1) of the Civil Act); and (c) where the object of the lease is land and six months have elapsed from the date on which the lessor notified the termination of the contract (Article 635(2) of the Civil Act). Meanwhile, where one or both of the parties to the contract have concluded the lease, the termination or cancellation of the contract shall be made against all or some of the parties (Article 547(1) of the Civil Act). The lessee shall return the object of the lease to the lessor by restitution (Articles 654 and 615 of the Civil Act). If several persons jointly lease the

(Article 654 and Article 616(2) of the Civil Act) The parties to the instant lease agreement were originally deceased I and deceased J (Lessee), but according to the agreement of the instant case, the Plaintiffs were changed to a joint lessor, and thereafter, the Defendant (Appointed Party; hereinafter “Defendant”) (hereinafter “Defendant”) and the designated parties (hereinafter “Defendant”) collectively referred to as “Defendants”).

In 2007, the designated parties succeeded to the status of the tenant of the deceasedJ according to the inheritance shares and become a joint lessee.

In addition, the copy of the complaint of this case 2013da43296, stating the plaintiffs' intent to terminate the above lease contract, is the appointed party C, D, and defendant F, respectively.

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