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(영문) 부산지방법원 2018.11.21 2017나59130
건물명도
Text

1. All appeals by the Defendants are dismissed.

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

Purport of claim and appeal

1.

Reasons

1. The reasons for this court's acceptance of the judgment of the court of first instance are as follows: (a) as to the assertion added by the Defendants to this court, the following grounds are the same as the reasons for the judgment of the court of first instance, except for the addition of 2. Additional Judgment.

2. Additional determination Defendants are “the network E” under Articles 9 and 10 of the Housing Lease Protection Act.

Although the Defendants, who are their children, may succeed to the existing lease relationship, the Plaintiff’s lawsuit seeking compulsory withdrawal cannot be permitted against the good faith principle against the Plaintiff’s lawsuit seeking succession on the grounds that the person with parental authority of the Defendants, who are minor, was not appointed as a special representative from the Family Court.

'' asserts to the effect that ‘' is.

As seen earlier, it is difficult to recognize the Plaintiff’s claim in violation of the good faith principle solely on the grounds alleged by the Defendants.

Rather, in full view of the respective descriptions of the evidence Nos. 8 and 9 and the purport of the entire pleadings, the application for appointment of a special representative filed by the Defendants D with the Busan Family Court is dismissed, and the Plaintiff tried to conclude a lease contract again with the Defendants, but the Defendants failed to resolve the problems such as the seizure of the collection amount, etc. in the Defendants’ side.

Therefore, the above assertion by the Defendants is difficult to accept.

3. Thus, the defendants' appeal is dismissed as it is without merit.

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