logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2016.07.15 2015가단35215
건물명도
Text

1. The defendant shall receive KRW 220 million from the plaintiff, and at the same time, shall be the real estate stated in the attached Table to the plaintiff.

Reasons

1. Facts of recognition;

A. C on December 31, 2001, completed the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. On April 19, 2008, the Defendant’s wife D entered into a lease contract (hereinafter “instant lease contract”) with respect to the instant real estate by setting the lease deposit “20 million won” and “24 months from May 30, 2008,” and paid 15 million won to E on the same day.

D paid KRW 7 million to C on April 24, 2008, and paid KRW 198 million to E on May 30, 2008.

C. The defendant completed the move-in report with his family on May 30, 2008 with the real estate of this case, and had lived with his family from the real estate of this case since that time.

Since then, the instant lease contract has been implicitly renewed.

On July 2, 2013, the Seoul Northern District Court F, which started voluntary auction on the instant real estate, and the Plaintiff completed the registration of ownership transfer on the instant real estate due to sale by voluntary auction on September 25, 2014.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. Assertion and determination

A. The plaintiff asserting that the most lessee is the tenant of the instant lease agreement of this case of the most lessee without the opposing power of the defendant is the defendant's wife D, but the plaintiff's assertion premised on the defendant's status as the tenant is not a dispute. Thus, the defendant's status as the tenant

Therefore, the Plaintiff is obligated to deliver the instant real estate to the Plaintiff.

Even though no registration has been made, if the lessee has completed the delivery of the house and his resident registration, the lease shall take effect against the third person from the following day.

In such cases, it shall be deemed that the resident registration was made at the time of filing a move-in report (Article 3(1) of the Housing Lease Protection Act). As seen earlier, the defendant shall file an objection on May 30, 2008.

arrow