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(영문) 대전지방법원 2017.10.19 2016가단36659

건물명도

Text

1. The Plaintiff:

A. The Defendants deliver the first floor of the buildings listed in the attached Form;

B. Defendant B shall be as from January 30, 2016.

Reasons

1. A lessee under Article 2 of the 10,00,000 won, 700,000 won in a rent, from March 12, 2015 to March 12, 2016 (12 months) shall not change the use or structure of the leased object or sub-lease, transfer the right of lease or offer the security without the consent of the lessor, nor use it for any purpose other than the purpose of the lease.

When the annual rent of a lessee under Article 3 amounts to two or more installments, or violates Article 3, the lessor may terminate the present contract without delay.

On March 12, 2015, D, the Plaintiff’s spouse, leased the instant building owned by the Plaintiff to Defendant B on behalf of the Plaintiff, but Defendant B’s words “Defendant B” entered into a lease agreement with the following main contents:

(hereinafter “instant lease agreement”). B.

Defendant B paid KRW 10,00,000 as lease deposit to D around the time of the instant lease agreement, and Party B had registered the business under Defendant B’s name and operated the headquarters of F’s trade name in the instant building (hereinafter “instant headquarters”).

C. From April 13, 2015 to October 13, 2015, Defendant B paid KRW 700,000 each month to D as the rent for the instant building. Defendant B paid KRW 500,000 on November 20, 2015, KRW 1,000,000 on February 26, 2016, and KRW 1,000,000 on March 27, 2016.

From December 2015, Defendant C worked at the instant main point as E’s employee from December 2015, and directly operated the instant main points from March 2016.

[Reasons for Recognition] Each entry of Gap 1 and 2 (including each number), the purport of the whole pleadings

2. Termination of the instant lease agreement

A. The Plaintiff asserts that Defendant B did not pay more than two rents by January 29, 2016, while paying only rents until January 29, 2016, and that the instant building was sub-leased to Defendant C without the Plaintiff’s consent, and that the instant lease contract was terminated by the delivery of the instant complaint.

(b)the above basis;