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(영문) 인천지방법원 2019.11.26 2019나57841

건물명도(인도)

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Quotation of the first instance judgment

A. The Defendant’s grounds for appeal do not differ significantly from the allegations in the first instance court except for the addition and support of the arguments as described in paragraph (2) below, and even if the evidence submitted in the first instance court was based on the evidence presented in the first instance court, the Plaintiff exercised the right to terminate the instant lease contract by subrogationing the Defendant, thereby exercising the right to terminate the instant lease contract on behalf of the Defendant, and at the same time, the Defendant is obliged to pay the Plaintiff KRW 20,000,000 to the Plaintiff as well as the fact-finding and judgment of the first instance court

B. Therefore, the reasoning of the judgment of the court of first instance is that each of the 2nd, 11, 3, 12, 15, 16, 18, 4, 6, 7, 9, 10, 21, 5, 3, 5, 6, 10, 11, and 12 "Defendant B" is "the defendant," and the 3rd, 5, 12, 15, 16, 17, 4, 4, 5, 7, 8, 9, 10, and 12 "A" of the 47, 47, 7, 47, 7, 7, 7, 7, 7, 7, 10, 9, 10, 10, 21, 21, 50, 10, 50, 10, 47, 10, 10, 10, 10, 100, 4, 10, 10

2. Additional determination

A. If a lessor has the right to terminate the lease contract of this case according to the duty to notify the lessor of the fact that the lease contract of this case was unfair legal act, the lessor is entitled to apply the lease contract of this case to the lessee if the lease is overdue. Therefore, even though the lessee has its own interest to maintain the lease contract of this case, the lessor is entitled to apply the lease contract of this case from the lease deposit of this case to the lessee.