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(영문) 서울중앙지방법원 2015.12.03 2014가단170075
건물명도
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

The facts that the Defendant completed the delivery of the real estate listed in the separate sheet (hereinafter referred to as the “instant building”) to the Plaintiff on or before August 15, 2015 and did not occupy the instant building are no dispute between the parties. Thus, the Plaintiff’s primary and ancillary claims premised on the Defendant’s continued possession of the instant building cannot be accepted.

Therefore, all of the plaintiff's main and conjunctive claims are dismissed.

However, in light of the following circumstances acknowledged by the records of this case as to the burden of litigation costs, it is reasonable to bear each of the costs of this case.

On August 7, 2013, the Plaintiff leased the instant building, which is a residential building, to the Defendant as the lease period from August 15, 2013 to August 15, 2014 (12 months).

At the expiration of the lease term, the lessee, the Defendant asserted that the lease term remains until August 14, 2015, as the lessee may claim the lease term for two years pursuant to the Housing Lease Protection Act even if the lease term was set at one year, and that the lease term remains until August 14, 2015.

Afterwards, during the instant lawsuit, the Plaintiff added a preliminary claim seeking delivery on the condition that he/she would appoint a new attorney and have arrived on August 15, 2015. During the lawsuit process, the Plaintiff did not object to the delivery of the instant building to the Defendant by August 14, 2015, which was alleged by the Defendant, and this court confirmed that the Defendant did not object to the transfer by August 15, 2015.

Accordingly, this Court decided June 2, 2015 that "the defendant delivers the building of this case to the plaintiff by August 15, 2015," but the defendant raised an objection against this.

Then, before August 15, 2015, the Defendant delivered the instant building to the Plaintiff, and the said Plaintiff is all the instant lawsuit.

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