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(영문) 청주지방법원 영동지원 2018.10.05 2018가단4344
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

According to Gap evidence Nos. 7 and Eul evidence Nos. 2, the defendant transferred to the building listed in the separate sheet (hereinafter "the building of this case") on February 23, 2007 and has been residing until now, and Eul completed the registration of transfer of ownership to D on March 14, 2018, and D completed the registration of transfer of ownership to the plaintiff on the same day.

According to the above facts of recognition, the defendant is obligated to deliver the building of this case to the plaintiff, except in extenuating circumstances.

In regard to this, the Defendant alleged that the instant building was leased and resided, and according to the statement in the evidence No. 3, C, around November 2015, may recognize the fact that the Defendant prepared a letter of loan for use to the effect that C is granting a loan for use of the instant building. However, there is no evidence to deem that the loan for use between the Defendant and C was succeeded to the Plaintiff, and even if there was no evidence to deem that the lease relationship between the Defendant and C was established between the Defendant and C.

Even if the defendant did not pay a particular rent to the plaintiff, the plaintiff can terminate the lease contract on the ground of more than two years of rent. Therefore, the defendant's argument is without merit.

Therefore, the plaintiff's claim is reasonable, and it is decided as per Disposition.

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