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(영문) 서울동부지방법원 2020.05.12 2019가단1412
건물명도(인도)
Text

1. Defendant C shall deliver to the Plaintiff the real estate listed in the separate sheet.

2. The plaintiff's claims against defendant D and E respectively.

Reasons

1. Basic facts

A. On February 28, 2002, the Plaintiff entered into a lease contract with F and the attached list (hereinafter “instant real estate”) with respect to KRW 17,270,00,000 and the lease term two years, but even if the lessee does not enter into a renewal contract, the Plaintiff entered into a lease contract with the lessor to cancel the lease contract, and thereafter renewed the lease contract.

B. However, after April 30, 2018, the Plaintiff notified the lessee of the termination of the lease agreement on the ground of the lessee’s refusal to renew the lease agreement, despite being urged the lessee to renew the lease agreement on the part of the lessee.

C. Meanwhile, the F died on July 24, 2017, and the Defendants were the successors. Defendant D filed an application for renunciation of inheritance with the Seoul Family Court 2017Ra7540, and Defendant E filed an application for renunciation of inheritance with the Seoul Family Court 2017Ra7538, respectively.

2. According to the above facts of determination as to the cause of the claim, since the lease agreement on the instant real estate was terminated on the ground that the lessee's refusal to renew the lease agreement was terminated, the Defendants, the heir of F, are obligated to deliver the instant real estate to the Plaintiff, barring special circumstances.

However, since the judgment on waiver of inheritance against the defendant D and EF was accepted respectively, the plaintiff's claim against the above defendants is without merit.

Therefore, Defendant C is obligated to deliver the instant building to the Plaintiff.

3. Therefore, the plaintiff's claim against the defendant C is justified, and the claim against the defendant D and E is dismissed as it is without merit. It is so decided as per Disposition.

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