건물명도(인도)
1. Defendant B shall order the Plaintiff to order the real estate listed in the attached list.
2. The plaintiff's claim against the defendant A.
1. Facts of recognition;
A. On November 2013, the Plaintiff entered into a lease agreement with Defendant A on the instant apartment, which is a rental housing, and around that time, transferred the instant apartment to Defendant A, and on February 26, 2016, entered into a contract with Defendant A to renew the said lease.
(hereinafter “instant renewal contract”). At the time of the instant contract, the Plaintiff and the Defendant agreed to terminate the contract as follows:
Article 10 (Cancellation and Termination of Lease Contracts) (1) Where a lessee commits any of the following acts, a lessor may cancel or terminate this contract, or refuse to renew the lease contract:
2. A lessee of a rental house under Articles 19 and 19 of the Rental Housing Act (limited to the sublease of a rental house) may not transfer the right of lease (including sale, purchase, donation and all other acts accompanying the alteration of a right, but excluding cases of inheritance) or sublet such rental house to any third person;
Provided, That in cases prescribed by Presidential Decree where a rental business operator's consent is obtained, such transfer or sub-lease may be made.
B. On November 25, 2016, the Plaintiff conducted a fact-finding survey on the instant apartment in order to verify the transfer or sub-lease of the right to lease.
At the time of the above fact-finding survey, the defendant A responded, and the medical bags of the defendant C, who is his father, were found in the apartment.
C. From November 2014 to November 201, 2016, the Plaintiff demanded the Defendant A to vindicate that Defendant A’s vehicle owned by the Defendant was access to the apartment complex on five occasions, but the third party’s vehicle owned by the Defendant B frequently entered the apartment complex. Accordingly, the Defendant A was in fact divorced from Defendant D, who is his spouse, and responded as de facto marital relationship with Defendant B.
The plaintiff sublet the apartment house of this case to the defendant A without permission.