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(영문) 제주지방법원 2018.01.26 2017가단2716
건물명도(인도)등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff asserted that the Plaintiff acquired the ownership of real estate listed in the separate sheet on January 14, 2003.

The Plaintiff operated a boarding house on the part of 194.01 square meters of one story among the real estate listed in the attached list (hereinafter “instant building”) and leased the instant building to C on February 1, 201, with a deposit of KRW 5 million, annual rent of KRW 6 million (in 2012, an increase of KRW 7 million), and the term of lease from February 1, 201 to January 31, 2016.

C operated in the instant building, and sublet the instant building to D on February 1, 2013 without the Plaintiff’s consent, and D sublet the instant building to the Defendant on November 3, 2014 without obtaining the Plaintiff’s consent.

The Defendant operated a boarding house in the instant building; on January 31, 2016, the Defendant demanded the Plaintiff to extend the term of the lease to one year upon expiration of the term of the lease on January 31, 2016; and that the instant building will be handed over without raising any objection upon expiration of the term of the lease.

Accordingly, on February 1, 2016, the Plaintiff stipulated that “I agree to transfer to a lessor without any requirement at the expiration of the lease term,” as a special agreement, at the same time, the lease term is extended from February 1, 2016 to February 1, 2017.”

On October 27, 2016, the Plaintiff sent a content-certified mail to the Defendant that the instant building should be immediately handed over upon the expiration of the lease term.

Therefore, since the lease contract between the plaintiff and the defendant is terminated at the expiration of the term, the judgment like the purport of the claim is sought.

B. Comprehensively taking account of the overall purport of the arguments in each of the statements in Gap evidence Nos. 1 through 3 and Eul evidence Nos. 1 through 6 (including household numbers), the defendant acquired and operated the boarding house from D around Nov. 1, 2014 and operated the boarding house in the instant building, and on February 1, 2015, the plaintiff and the plaintiff.

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