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(영문) 서울중앙지방법원 2016.11.09 2016가단69810

건물명도 등

Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the annex;

B. Attacheds 6,805,424 and 15 October 2016.

Reasons

1. Facts of recognition;

A. On June 23, 2015, the Plaintiff entered into a lease agreement with the Defendant on the terms of deposit 40 million won, monthly rent 5.4 million won, and the term of lease from July 11, 2015 to July 10, 2018.

(A) The Plaintiff and the Defendant concluded a contract under the name of the Defendant C, the husband of the Defendant’s representative C, but subsequently changed to the name of the Defendant, and then drafted a re-lease agreement. The Plaintiff and the Defendant paid 3.2 million won (value-added tax separate) out of the rent in advance on the 11st day of each month, and paid 2.2 million won on the 21st day of each

However, the defendant's transfer of the plaintiff to the employee to the plaintiff 16,670 won was assessed against the plaintiff.

B. At the time of the instant lease agreement, the lessee stipulated that “the lessee shall not change the use or structure of the real estate without the lessor’s consent. If the lessee violates this, the lessor may terminate the lease agreement immediately.”

However, without the plaintiff's consent, the defendant changed the structure of the real estate stated in the attached Form, such as permitting the bearing wall and expanding the room at will, and making a pond in the marina.

The defendant does not pay rent from April 21, 2016.

C. At the time of the instant lease agreement, the Defendant decided to restore the real estate stated in the attached Form to the Plaintiff upon termination of the lease agreement. It is necessary to restore the real estate indicated in the attached Form to the original state.

The Plaintiff filed the instant lawsuit seeking to terminate the instant lease agreement on the ground that the Defendant, without the Plaintiff’s consent, altered the structure of the real estate indicated in the attached Form and created a pond, etc., and deliver the real estate indicated in the attached Form.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, 5, 6, 11, 13 (including virtual numbers), the purport of the whole pleadings

2. According to the above facts of determination, the defendant is attached without the plaintiff's consent.