Text
1. Defendant B and C shall deliver to the Plaintiff the building indicated in the attached list of real estate.
2. The plaintiff's defendant A.
Reasons
1. Facts of recognition;
A. On September 26, 2013, the Plaintiff leased to Nonparty E a building listed in the attached Table of Real Estate (hereinafter “instant building”) at KRW 31,57,00,000 for the lease term from November 1, 2013 to October 31, 2015, and KRW 188,360 for the monthly rent.
B. The lessee E died on July 18, 2014, and Defendant B and C, a child, inherited.
C. Defendant A is a moving-in report to the instant building with the network E, but is residing in China for about 10 years prior to the ten-year period.
[Reasons for Recognition] Uncontentious Facts, entry of Gap1 to 6 evidence, fact-finding results to Busan Immigration Office, the purport of the whole pleadings
2. According to the above facts of recognition, since the lease contract for the building of this case between the Plaintiff, Defendant B, and Defendant C has expired, Defendant B is obligated to deliver the building of this case to the Plaintiff.
Then, although Defendant A’s mother, Defendant B, and Defendant C’s mother living in the building of this case, received a copy of the complaint served on Defendant A, Defendant B, and Defendant C, but in light of the circumstances where Defendant A mainly resides in China since around 10 years ago as seen earlier, it is insufficient to recognize that Defendant A is residing in the building of this case even according to all the evidence submitted by the Plaintiff, and there is no other evidence to acknowledge this differently.
3. According to the conclusion, the plaintiff's claim against the defendant B and C is accepted on the ground of the reason, and the claim against the defendant A is dismissed as it is without merit.