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(영문) 인천지방법원 2020.10.15 2020가단10014
부동산인도
Text

The Plaintiff

A. The Defendant (Appointed) and the designated parties jointly deliver the real estate listed in the separate sheet.

Reasons

1. Basic facts

A. On April 8, 2015, the Plaintiff leased the real estate listed in the separate sheet (hereinafter “instant real estate”) to the Selection C as of April 8, 2015, with the lease deposit of KRW 10 million, monthly rent of KRW 800,000,000, and the lease period from April 8, 2015 to April 8, 2016.

(hereinafter “instant lease agreement”). B.

Around that time with the consent of the Plaintiff, the Selection Party C subleted the instant real estate to the Selection Party E (hereinafter referred to as the “Selection Party E”) by setting the lease deposit amount of KRW 80 million and the lease term from April 8, 2015 to April 8, 2017.

(hereinafter referred to as “instant sublease contract”). C.

Since then, the designated company registered the instant real estate as its head office, and provided the instant real estate to the Defendant and the Appointor D, who is an executive officer or employee, as a lodging place.

The defendant and the selected parties D have completed the move-in report at that time and have been residing in the above real estate until now.

In the event that the appointed party C was in arrears and the lease deposit was settled, on July 8, 2018, the Plaintiff agreed to raise the monthly rent at KRW 1,200,000 from the time when the designated party C represented by the designated party C.

E. Meanwhile, since July 9, 2019, the Selection C did not pay the vehicle in arrears until now.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Assertion and determination

A. In a case where a lessor terminates a lease agreement due to the lessee’s delay in the rent of the lessee, based on Article 640 of the Civil Act, with respect to a claim against the designated lessee C and the company, the lessor may set up against the lessee by termination even without notifying the lessee of the reason therefor. The lease relationship between the lessee and the lessee upon arrival of the lessee is terminated by termination (see Supreme Court Decision 2012Da55860, Oct. 11, 2012). In addition, the lease agreement is terminated after the lessee sub-leases the leased object and the lessee is the lessee.

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