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(영문) 수원지방법원 2019.10.25 2018가단29999
건물인도
Text

1. The Defendants deliver to the Plaintiff the buildings listed in the attached list.

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

3...

Reasons

1. Facts of recognition;

A. On March 6, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the networkF to provide that the building indicated in the separate sheet (hereinafter “instant building”) owned by the Plaintiff as security deposit of KRW 22 million and the lease term of KRW 22 million from March 29, 2015 to March 28, 2017 (24 months) with the term of lease without rent.

B. Around that time, the network F had the instant building delivered from the Plaintiff, and resided in the instant building.

However, the networkF died with the implied renewal of the instant lease contract, and Defendant B, a child, succeeded to the networkF.

C. Meanwhile, while Defendant D was living in the building of this case, he died on June 12, 2019, which was after the date of the Plaintiff’s filing of the instant lawsuit, and Defendant D, E (hereinafter “Defendant D and E”) succeeded to the instant lawsuit following the inheritance of Defendant D and E.

[Reasons for Recognition] Defendant B: The absence of dispute between Defendant C’s lawsuit taking over the lawsuit, and E: The absence of dispute, each entry of evidence Nos. 1, 2, and 3, and the purport of the whole pleadings

2. Determination

A. According to the above facts, the building of this case is a residential building under Article 1 of the Housing Lease Protection Act, and the fact that the lease of this case was implicitly renewed after the expiration of the lease term stipulated in the lease contract of this case is no dispute between the parties. Thus, the lease of this case was renewed until March 28, 2019 pursuant to Article 6(1) and (2) of the Housing Lease Protection Act. However, the fact that the period of March 28, 2019 as of the date of closing the argument of this case is apparent in water, and barring any special circumstance, the lease of this case is terminated upon the expiration of the lease term. 2) Meanwhile, as the Plaintiff died of the net F, a lessee under the lease of this case before filing the lawsuit of this case on November 16, 2018, Defendant B, a child of the deceased F.

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