건물명도
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. Facts of recognition;
A. On February 23, 199, the Plaintiff entered into a lease agreement with C on real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant apartment”) (hereinafter “instant lease agreement”) and delivered the instant apartment to C around that time.
B. Article 10 of the instant lease agreement provides that “Where a lessee transfers a right of lease of a rental house to another person or subleases a rental house to another person in violation of Article 13 of the Rental Housing Act, the lessee may cancel or terminate the instant lease agreement or refuse to renew the lease agreement.”
In addition, on February 23, 1999, the Plaintiff received a separate letter from C that “it will not illegally resell or sublease the instant apartment, and if it violates this, it would not raise an objection even to the measures such as cancellation.”
C. However, around July 2004, C entered into a contract with the Defendants on the transfer of the right to lease of the instant apartment without the Plaintiff’s consent (hereinafter “instant transfer contract”). At that time, the Defendants received delivery of the instant apartment from C and reside therein.
On August 27, 2014 and December 18, 2015, the Plaintiff notified C and the Defendants of the termination of the instant lease agreement on the grounds of the transfer of the right of lease without permission, etc., and requested C and the Defendants to deliver the instant apartment.
[Ground of recognition] Facts without dispute, Gap 1, 2, 3 evidence, Gap 4-2, 3, Gap 5, 6 evidence, Eul 1 and 2, the purport of the whole pleadings
2. Determination
A. According to the above facts as to the cause of the claim, the lease contract of this case was lawfully terminated by the plaintiff's notification of termination on the ground of the transfer of the right of lease of this case without the consent of the plaintiff, and the defendants are obviously occupying the apartment of this case as a person who acquired the right of lease from C without the consent of the plaintiff without the consent of the plaintiff. Thus, the defendants shall not