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(영문) 부산지방법원 동부지원 2018.04.06 2017가합104988
건물인도 등 청구의 소
Text

1. The Defendants jointly deliver the buildings listed in the attached list to the Plaintiff.

2. The costs of lawsuit are assessed against the Defendants.

Reasons

1. Facts of recognition;

A. On March 27, 2017, the Plaintiff completed the registration of ownership transfer for reasons of sale on March 16, 2017 with respect to the building listed in the separate sheet (hereinafter “instant apartment”).

B. On April 21, 2017, the Plaintiff leased the instant apartment to Defendant B with a deposit of KRW 30 million, monthly rent of KRW 1.9 million, and the term of lease from May 10, 2017 to May 9, 2018. The Plaintiff and Defendant B concluded the apartment monthly rent contract between the Plaintiff and the Plaintiff provides that “The lessee shall not change the use, structure, etc. of the instant apartment without the lessor’s consent, or sub-lease, transfer the right of lease, or offer the security, and use it for any purpose other than the purpose of lease” (Article 3); “Where the lessee fails to pay the monthly rent to the lessee at the second time, the lessor may terminate the lease contract (Article 5).”

C. On April 21, 2017, Defendant B given the instant apartment to Defendant C with a deposit of KRW 30 million, monthly rent of KRW 1.9 million. D.

Defendant B did not pay to the Plaintiff the amount of July 2017 and August 2017.

E. On August 18, 2017, the Plaintiff notified Defendant B of the payment of the rent on the ground that the rent was overdue for at least two occasions. On September 8, 2017, the Plaintiff notified Defendant B of the termination of the lease contract on the ground that the rent was overdue or sub-leaseed without permission, and around that time, the said termination notice reached Defendant B.

F. Meanwhile, Defendant C and D occupy and use the apartment of this case.

[Reasons for Recognition] Defendant C, D: The entries in Gap 1, 2, 4, 5, and 6, and the purport of the whole pleadings

2. According to the above findings of determination, a lease agreement entered into between the Plaintiff and the Defendant B was lawfully terminated and terminated by the Plaintiff’s declaration of termination on September 8, 2017, and Defendant C and D occupy the instant apartment, barring any special circumstance, Defendant B, an indirect occupant, is subject to the termination of the lease agreement.

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