건물명도
1. The Defendants are jointly and severally liable to the Plaintiff.
(a) Attached drawings (1), (2), (3), (4), and (5) of the real estate listed in the attached list;
1. Facts of recognition;
A. On December 21, 2016, the Plaintiff leased the building indicated in the order (hereinafter “instant building”) to Defendant C by setting the lease deposit amount of KRW 20,000,000, KRW 1,980,000 per month of rent (excluding value-added tax) and the period from January 1, 2017 to December 31, 2018.
(hereinafter “instant lease agreement”). B.
On May 28, 2017, Defendant C sub-leaseed the instant building to Defendant D for a two-year period of sub-lease (hereinafter “instant sub-lease”). On October 25, 2017, the Plaintiff agreed to the instant sub-lease contract from October 25, 2017 to December 31, 2018.
C. From November 2017, Defendant C began to be in arrears, and on August 14, 2018, the Plaintiff expressed his/her intention to terminate the instant lease agreement on the ground that the said agreement was not in arrears with two or more automobiles. On the same day, Defendant D notified Defendant C that the instant lease agreement was terminated by Defendant C’s delinquency in rent.
Defendant D has been operating the instant building with the trade name “E” until now.
【Defendant C’s ground for recognition】 The fact that there is no dispute over Defendant D: Gap’s evidence of 1 through 3, Gap’s evidence of 5 through 7 (including each number), the purport of the whole pleadings
2. Determination as to the cause of action
A. According to the fact that the instant lease agreement was terminated, the instant lease agreement was lawfully terminated by the Plaintiff’s expression of intent of termination through verification of the content of August 14, 2018.
In addition, where a lessor terminates a lease contract on the grounds of a lessee’s delay pursuant to Article 640 of the Civil Act, the lessor may set up against the sub-lessee by termination even without notifying the lessee of the grounds therefor, and the lease relationship is terminated upon the arrival of the lessee (see Supreme Court Decision 2012Da55860, Oct. 11, 2012).