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(영문) 대구지방법원 김천지원 2018.05.31 2016가단32557

건물명도

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 16, 2015, the Plaintiff was the owner of each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”). On July 16, 2015, the Plaintiff concluded a lease agreement with Defendant B with the term of KRW 10 million, monthly rent of KRW 1.2 million (from July 16, 2015 to March 15, 2016), and the term of lease of KRW 8 years (from July 16, 2015 to September 15, 2023).

(hereinafter “instant lease agreement”). B.

Defendant B operates a medical care center on the first floor among the buildings listed in attached Table No. 12 (hereinafter “instant building”), and Defendant C operates a medical care center on the second floor of the instant building from October 2015.

The sender (the plaintiff) and you (the defendant) have entered into a lease agreement on each real estate of this case.

The contents of the lease agreement specify the leased object to be used for the operation of the camping site.

Nevertheless, the above lease contract is terminated in accordance with Article 625 of the Civil Code, since it does not use the leased object as a camping site and is engaged in preservation activities against the lessor's will such as raising salt.

In addition, it is true that the lessor, the owner of the above real estate, is required to obtain permission to operate a camping site, shop, and restaurant, and it is demanded to lend the seal on the ground that the lessor intends to obtain the seal every time.

However, it concluded a lease contract with a third party to the second floor of the leased object, which is the leased object, with the seal received from the sender, and transferred or sublet the lease without the consent of the lessor.

Therefore, the sender terminates the above lease contract on the basis of Article 629 of the Civil Code.

Therefore, by June 30, 2016, you restore the leased object to its original state, and order the sender to issue an order to the sender.

C. The Plaintiff around June 13, 2016 to Defendant B.