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(영문) 서울중앙지방법원 2018.06.26 2017가단61301

건물명도 등 청구의 소

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1. The defendant shall each point of the attached Form 1, 2, 7, 6, and 1 among the real estate listed in the attached Table list to the plaintiff in sequence.

Reasons

1. Basic facts

A. On October 20, 2015, the Plaintiff’s agent C entered into a lease agreement with the Defendant, setting the lease agreement between the Defendant and the end of October 19, 2016, on the part of 16.5 square meters (a) of the attached Form No. 1, 2, 7, 6, and 1 among the real estate listed in the attached Table No. 1, 2015, connected each point in sequence with the Defendant, among the real estate listed in the attached Table No. 1, 2, 7, 6, and 1,000 square meters (hereinafter “instant real estate”).

B. At the time of the conclusion of the above lease contract, the Defendant subleted the instant real estate to F with the consent of the Plaintiff, and at that time delivered the instant real estate to F.

From August 20, 2016, Defendant and F paid monthly rent to C’s account entered in the lease agreement, and the instant real estate used as a warehouse was loaded with goods seen to be owned by F until now.

C. The Plaintiff did not pay the rent after September 2016 to the Defendant and F. Around March 14, 2017, the Plaintiff sent to the Defendant a content-certified mail demanding the payment of overdue rent, and around November 2017, the Plaintiff’s agent C was returned the keys to the instant real estate (ware).

The Plaintiff notified the Defendant of the termination of the instant lease agreement on the ground that two or more occasions of delinquency in payment by the instant complaint, and reached the Defendant on August 22, 2017.

[Ground of recognition] Facts without dispute, Gap 1-2, Eul 1's entries, the purport of the whole pleadings

2. Determination

A. In cases where a claim for the delivery of an immovable on the ground of an illegal possession of an obligation of delivery is to be made against a real possessor, the other party’s claim is not limited to a direct possessor, and the other party’s claim against an indirect possessor is also permitted (see, e.g., Supreme Court Decision 90Da19695, Apr. 23, 191). The lessee is a good manager until the object of the lease is ordered.