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(영문) 서울남부지방법원 2015.04.15 2014가단235459
건물명도
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Facts of recognition;

A. On December 9, 2010, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Nonparty B, as indicated in the separate sheet (hereinafter “instant housing”) with respect to the lease deposit of KRW 2,527,00, monthly rent of KRW 51,870, and the lease period from December 1, 2010 to November 30, 2012 (hereinafter “instant lease agreement”).

B. The instant lease agreement

6. Article 3(1) of the Special Conditions for Contracts provides, “The lessee may renew the lease contract on a two-year basis with the lessee who maintains the eligibility for occupancy as prescribed by the Rental Housing Act and subordinate statutes. In such cases, the lessee shall accept the terms and conditions of the lease deposit, rent, etc. as determined by the lessor and notify the lessor of the intention to renew the lease one month before the lease term expires.”

C. However, after entering into the instant lease agreement as the heir of a person of distinguished service to the State, B, who was living together with the Defendant, who was the deceased in the instant housing, did not reside any longer in the instant housing, and did not indicate the intent to renew the instant lease agreement to the Plaintiff.

At present, the Defendant resides in the instant house and occupies the instant house.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. Determination

A. According to the above facts, the instant lease contract was terminated on November 30, 2012 due to the lessee’s failure to conclude a renewed contract by B, which is the lessee, and the Defendant thereafter occupies the instant house without any legal title.

Therefore, the defendant is obligated to deliver the house of this case to the plaintiff, unless there are special circumstances.

B. In regard to this, the defendant's father (the defendant's small father) was entrusted to Gawon B, who is one year old, but the defendant's father was Dozed to B, and the defendant's father was killed.

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