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(영문) 서울남부지방법원 2020.01.10 2018가단20440
건물명도 등
Text

1. The defendant is paid KRW 6,306,670 from the plaintiff and at the same time the floor of the building indicated in the attached Table to the plaintiff.

Reasons

1. On September 1, 2016, the Plaintiff entered into a lease agreement with the deceased C (hereinafter “the instant lease agreement”) by setting a deposit of KRW 20 million with respect to the portion of KRW 39 square meters in a ship (hereinafter “instant real estate”) connecting each point in sequence of indication 1, 2, 3, 4, 5, 6, and 1 of the attached drawings among the sub-storys of the building indicated in the attached list of the buildings as indicated in the attached list, as a whole, from October 10, 2016 to October 9, 2016 (24 months), and KRW 40,000 (hereinafter “the instant lease agreement”). The deceased’s declaration of intention to the Defendant on May 7, 2018 to the date of termination of the lease agreement with the Defendant on each of the instant real estate was without any dispute between the deceased and his heir on each of the following grounds, and the deceased’s declaration of intention to be included in the leased agreement from May 18, 2018.

2. According to the above facts of recognition, the instant lease agreement was lawfully terminated and terminated, and the Defendant succeeds to the lessee’s rights and duties in the case where the lessee dies without a successor.

(2) Where an heir at the time of death of a lessee does not live a family community life in the house concerned, he/she shall jointly succeed to the rights and duties of the lessee with the person in de facto marital relationship with which a family community life has been living in the house concerned and relatives within the

(3) In cases falling under paragraphs (1) and (2), paragraphs (1) and (2) shall apply to a lessor within one month after the tenant died.

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