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(영문) 서울남부지방법원 2020.09.08 2018가단263773
건물명도(인도)
Text

The Defendants deliver to the Plaintiff the buildings indicated in the attached list.

Litigation Costs shall be borne by the Defendants.

Paragraph 1.

Reasons

According to the purport of the evidence Nos. 1, 2, and 3 and the entire pleadings, the Plaintiff, on June 24, 2015, leased the building listed in the separate sheet (hereinafter referred to as “instant building”) to E with the lease deposit of KRW 8,150,00, monthly rent of KRW 117,700, June 24, 2015 to June 30, 2017. The Plaintiff died on September 26, 2016. The Defendant B’s spouse, Defendant C, and D were their children, and the Plaintiff sent notice of the termination of the instant lease contract to E on March 19, 2018.

According to this, since the lease contract between the plaintiff and E is terminated, the defendants, the heir of E, are obligated to deliver the building of this case to the plaintiff.

(On the other hand, Defendant B asserted that “Defendant C and D, who is a child between E and E, could not renew the lease agreement with the United States prior to the long time.” On the second day for pleading, the Plaintiff stated that “The Plaintiff shall be sentenced and shall proceed to an agreement on the renewal of the lease contract with the Defendant on the date for pleading, i.e., the fact that the interest of the Defendant C and D was confirmed, and the agreement on the renewal of the lease with the Defendant will be proceeded.” The instant claim is justified, and it is so decided as per Disposition.

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