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(영문) 서울동부지방법원 2014.05.23 2013가단1540
건물명도
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

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

3...

Reasons

Facts of recognition

A. C:

6. 25. War, having participated in the Korean War, was transferred to North Korea and returned to North Korea as prisoners of war during battle.

C was married with D who is a North Korean resident during detention in North Korea and resulted in the plaintiff who is his/her father.

C returned to the Republic of Korea by escaping from around 2003.

B. On November 1, 201, the Plaintiff, who is his/her father, left North Korea and entered Korea on November 1, 2011.

C. C died on December 28, 2012. D.

C At the time of death, the defendant, a ROKAF prisoner of North Korea, was residing in the apartment building listed in the attached list E owned by E (hereinafter referred to as "the apartment of this case").

E. On April 30, 2008, regarding the apartment of this case, the lease contract (3) was drafted from June 30, 2008 to June 30, 2010 with the lessor E, lessee C, lease deposit amounting to KRW 185 million, and the lease contract (3) was not drafted until the time of death of C.

[Grounds for recognition] Gap 1-7, Eul 3, and the purport of the whole pleadings.

According to the above facts of determination as to the cause of claim, the disposal document should be interpreted in accordance with its language and text, barring any special circumstances. Therefore, it is reasonable to deem that C leased the apartment of this case from E in the lease deposit amount of KRW 185 million, barring special circumstances. Under the above lease agreement, the lessee’s status was comprehensively succeeded to the Plaintiff, one of the inheritor of C.

Therefore, in order to preserve the right of lease against the plaintiff, the defendant is obligated to deliver the apartment of this case to the plaintiff upon the plaintiff's exercise of the right of exclusion from disturbance based on the ownership of E.

The defendant and C were the same ROKAF prisoners of war in around 2003, and they were prone to North Korea. However, the defendant did not have any relative with C, even though he did not have any relative to C, because the defendant was about F, etc. in Seoul.

Therefore, the defendant was living together with C, and G, which is the wife of F and F, the defendant's fifth degree of early kynas F, has been looking into the defendant and C, and the defendant is the defendant.

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