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(영문) 의정부지방법원 2016.04.19 2015가단16118
건물명도
Text

1. The defendant is against the plaintiff succeeding intervenor.

(a) Attached Form 126.78 square meters of underground floor of the building listed in the attached list.

Reasons

1. Determination as to the claim of the Plaintiff’s succeeding intervenor

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Applicable provisions of Acts: Article 208 (3) 3 of the Civil Procedure Act.

2. As to the Plaintiff’s claim, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) on April 6, 2012, with regard to the size of 20 square meters in part (a) and 20 square meters in a ship connected each point in sequence with the Defendant and the Plaintiff, among the real estate listed in the separate sheet owned by the Plaintiff, on April 1, 2012, on the following terms: (a) the lease agreement was concluded between April 10, 2012 and April 10, 2013 (hereinafter “instant lease agreement”); and (b) the instant lease agreement was implicitly renewed even after the Defendant’s default on two or more occasions; (c) the instant lease agreement was terminated by the delivery of the duplicate of the complaint; and (d) the Defendant sought against the Defendant to transfer the instant building.

However, without the consent of the defendant as to withdrawal from the lawsuit of this case, and since the plaintiff transferred the ownership of the building of this case to the intervenor succeeding to the plaintiff during the lawsuit of this case after the termination of the lease contract of this case, the plaintiff's claim is without merit.

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