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(영문) 인천지방법원 2015.05.29 2014가단257997
건물명도
Text

1. The Plaintiff, the Defendant A, the building listed in attached Form 1, the building listed in attached Form 2, and the Defendant C.

Reasons

1. The facts supporting the facts are as follows. The above defendants A and C shall be deemed to have led to confessions by the above defendants pursuant to Article 150 of the Civil Procedure Act, and there is no dispute between the parties as to the defendant B and D, or it may be acknowledged by taking into account the whole purport of the arguments in the items of evidence No. 1-6, No. 10, No. 2-6, No. 10, No. 3, and No. 4.

2. According to the above facts of determination as to the cause of the claim, the lease contract between the plaintiff and the defendants was lawfully terminated and terminated. Thus, the defendants are obligated to deliver each leased building to the plaintiff, unless there are special circumstances.

3. Defendant D’s assertion and its determination can deduct the rent in arrears from the lease deposit. Thus, Defendant D asserted to the effect that he has the right to possess by the expiration date of the lease contract of this case. However, even if the lease deposit is delivered to the lessor, he may freely choose whether it is appropriate for the rent in arrears from the lease deposit while the lease is in progress. Thus, it is not naturally deducted from the lease deposit without a separate declaration of intention such as deduction, etc. before the termination of the lease contract.

However, there is no evidence to deem that the Plaintiff had to deduct the overdue arrears of Defendant D from the security deposit.

Therefore, Defendant D’s above assertion is without merit.

4. In conclusion, the plaintiff's claim of this case is with merit, and the judgment of winning the plaintiff is pronounced.

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