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(영문) 서울중앙지방법원 2016.04.21 2015가단127689
건물명도
Text

1. Defendant A shall deliver to the Plaintiff the real estate listed in the attached list.

2. The plaintiff's claim against the defendant B.

Reasons

1. Basic facts

A. On January 23, 2013, the Plaintiff leased real estate listed in the attached list owned by the Plaintiff (hereinafter “instant apartment”) to C by setting the rental deposit of KRW 1.58,00,00, monthly rent of KRW 34,700, and the lease term of January 31, 2015.

B. Before the expiration of the lease term, the Plaintiff informed C of whether to conclude a renewal contract, and notified C of the termination of the lease term when the renewal contract is not concluded.

C. The renewal contract between the Plaintiff and C was not concluded, and C died on January 22, 2015.

Defendant A is the spouse of the network C, and Defendant B is the type of the network C.

[Ground of recognition] Unsatisfy, Gap 1 to 4 evidence, Eul 1 evidence (including paper numbers), the purport of the whole pleadings

2. Determination

A. According to the facts of the above recognition of the claim against Defendant A, Defendant A, the heir of the deceased C, has the duty to deliver the instant apartment to the Plaintiff, the lessor, as the lease contract of the apartment of this case was terminated.

B. There is no evidence to acknowledge that Defendant B actually occupied the apartment house of this case, not the heir, as the tenant of the claim against Defendant B.

The plaintiff's assertion against the defendant B that did not possess the apartment of this case even though he is liable to deliver the apartment of this case under the lease agreement is without merit.

3. According to the conclusion, the plaintiff's claim against the defendant A is accepted for reasonable grounds, and the claim against the defendant B is dismissed for lack of reasonable grounds.

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