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(영문) 부산지방법원 2015.08.28 2015가단10703

건물명도 등

Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is one-story of 134 square meters (parking lot) and seven-story of real estate indicated in the attached list to the Plaintiff (Counterclaim Defendant).

Reasons

1. Determination on the main claim

A. The Plaintiff is the owner of the real estate indicated in the attached list, and the Defendant is a person who occupies 134 square meters of a floor (parking lot) and 7-14 stories (mechanic-14 (hereinafter “instant parking lot”) among the real estate listed in the attached list, and operates a parking lot business.

[Ground of recognition] Facts without dispute, Gap-1's entry, purport of whole pleadings

B. According to the above facts, barring any special circumstance, the Defendant is obligated to deliver the said parking lot to the Plaintiff, the owner of the real estate listed in the separate sheet, including the instant parking lot. 2) The Plaintiff asserted that the Plaintiff leased the instant parking lot to B, and the Defendant was assigned the said right of lease from B or C representing B as his husband. The Plaintiff consented to the transfer of the right of lease. Even if not, the Plaintiff agreed to the transfer of the right of lease. Even if not, it was impliedly approved. Even if the Plaintiff filed a lawsuit claiming the delivery of the instant parking lot against B, the Plaintiff filed a lawsuit claiming the extradition of the instant parking lot against the Defendant without being given a favorable judgment. b) The evidence of the Defendant’s submission of the judgment that the Plaintiff submitted, alone, consented to the transfer of the right of lease by B or his agent to the Defendant.

It is difficult to recognize that the approval was granted implicitly or implicitly, and there is no other evidence to acknowledge it.

In addition, the lessee is not able to transfer or sublease his right without the consent of the lessor (Article 629 of the Civil Act), and Article 7 of the lease contract (1-1) between the Plaintiff and the lessee. If the lessee transfers or subleases the right of lease to a third party without the consent of the lessor, the third party cannot set up a defense against the lessor with the acquisition or the transfer of the right of lease and the transfer of the right of lease. Therefore, the Plaintiff, the lessor, first, is the lessee.

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