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(영문) 서울중앙지방법원 2016.07.14 2016가단31143
건물명도
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

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

3...

Reasons

1. Facts of recognition;

A. On August 6, 2012, the Plaintiff leased to C real estate listed in the separate sheet owned by C (hereinafter “instant building”) during the lease period from August 17, 2012 to August 16, 2014.

B. C subleases the instant building to the Defendant without the Plaintiff’s consent on July 2013, and the Defendant currently occupies the instant building.

C. The Plaintiff terminated the lease contract with C on the ground that the said unauthorized sub-lease was sub-leaseed, and subsequently rendered a judgment of citing the case at the Seoul Central District Court No. 2015da162439, which became final and conclusive on January 26, 2016.

[Ground of recognition] Facts without dispute, Gap 1, the purport of the whole argument

2. According to the above facts of recognition, the defendant is obligated to deliver the building of this case to the plaintiff, the owner of the building of this case, unless there are other special circumstances.

Since the Defendant leased the instant building from C, it cannot accept the Plaintiff’s claim for delivery before receiving the full amount of the lease deposit. However, the sub-lessee cannot set up against the lessor’s title without the lessor’s consent. As seen earlier, the Defendant’s assertion is without merit since the sub-lease contract between the Defendant and C was concluded without the consent of the lessor.

3. According to the conclusion, the plaintiff's claim is reasonable.

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