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(영문) 의정부지방법원 고양지원 2021.03.31 2020가단95125
건물인도
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

The plaintiff asserts that since D and the defendant, the lessee of the building of this case, are the partnership business relationship, and the lease contract was terminated due to D's delinquency in rent, the defendant is obligated to deliver it to the plaintiff, the owner of the building of this case.

However, there is no evidence to view that the Defendant occupied the building of this case at the time of the conclusion of pleadings (According to the relevant civil judgment, the Defendant withdrawn from the partnership relationship around February 21, 2018), and the above assertion cannot be accepted. The Plaintiff is requesting the Defendant to request the delivery of the building of this case against the Defendant to cancel the registration of the business owner under the name of the Defendant, which cannot be deemed a valid and appropriate means.

The plaintiff's claim is dismissed for lack of reason.

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