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(영문) 서울서부지방법원 2019.11.12 2018가단206557
건물명도(인도)
Text

1. The Defendants delivered the instant building to the Plaintiff.

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

3.Paragraph 1.

Reasons

1. Basic facts

A. On April 18, 2013, the Plaintiff concluded a lease agreement with Defendant B, Nonparty D, and the Plaintiff (hereinafter “instant building”) stating that the building indicated in the attached list owned by the Plaintiff (hereinafter “instant building”) is leased KRW 85 million, monthly rent of KRW 3 million, and the lease term from April 18, 2013 to April 17, 2018 (hereinafter “instant first lease agreement”).

B. Defendant B operated a restaurant in the name of “E” in the instant building, and the business registration was completed around May 9, 2013 in the name of “E”.

C. On June 2016, Defendant B requested the Plaintiff to change the lessee’s name under the instant first lease agreement to Defendant C, the wife of Defendant B, and the Plaintiff concluded a lease agreement under the name of Defendant C, with the same deposit and monthly rent as the instant first lease agreement, with the term of lease fixed from June 18, 2016 to June 17, 2018.

(hereinafter “instant secondary lease”). D.

Defendant C’s name was newly registered as E’s business on July 1, 2016, and as of the closing date of the instant argument, the instant building is occupied by the Defendants.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1, 3, Eul evidence Nos. 2 and 3 (including additional numbers), the purport of the whole pleadings

2. Summary of the parties' arguments;

A. The gist of the Plaintiff’s assertion is the instant 1 and 2 lease agreement that is substantially identical to that of Defendant B’s actual lessee and only the name of the lessee under the contract.

Therefore, since the lease contract between the Plaintiff and the Defendant was terminated due to the expiration of April 17, 2018 following the entry of the instant first contract, the Defendants are obligated to order the Plaintiff to issue an order.

B. The summary of the Defendants’ assertion is that the lessee of the instant first lease agreement is Defendant BD, and Defendant B and D operated as the partnership business, and Defendant C cannot participate in the business any longer.

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