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(영문) 서울고등법원 2017.01.19 2016나2049427

건물명도

Text

1. At the request of an exchange change from the trial, the defendant is underground among the buildings listed in the separate sheet to the plaintiff.

Reasons

1. Basic facts

A. On June 15, 2015, the Plaintiff was the owner of the instant building, and entered into a lease agreement with the Defendant, between June 15, 2015 and September 15, 2016, with respect to the instant building, with a deposit of KRW 250,00,000, a rent of KRW 11,70,000 (hereinafter “instant lease agreement”).

B. The terms of the instant lease agreement are as follows.

1) The lease in the present state of the facility and the necessary and beneficial cost are not recognized. 2) After the expiration of the contract, the lessee will order the store after the expiration of the contract to be built, and the above contract will be made a protocol of conciliation prior to filing a suit for the purpose of securing this issue.

C. The Defendant operates the instant building with a mutual singing point.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. Determination:

A. According to the above facts of determination on the cause of the claim, the lease contract of this case terminated upon the expiration of the period of validity, barring special circumstances, the defendant is obligated to deliver the building of this case to the plaintiff.

B. The defendant's assertion is first asserted that the lease contract of this case was null and void since D, the husband of the defendant, was concluded without obtaining the power of representation from the defendant.

According to the evidence No. 1, the above-mentioned D, the defendant's husband, is recognized as having entered into the instant lease agreement as the defendant's representative, but on the other hand, it can be recognized by comprehensively taking into account the overall purport of the pleadings in the testimony of the witness witness D. In other words, the defendant asserts that the lease agreement of this case was null and void due to the lack of power of representation in the first instance trial, and ② the above-mentioned D, the defendant's representative, is operating a singing room in the building of this case as the defendant's husband.