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(영문) 수원지방법원 안산지원 2018.03.28 2017가단62672
건물명도(인도)
Text

1. The Defendants are to the Plaintiff:

(a) deliver each real estate listed in the separate sheet;

(b) from December 11, 2017, respectively.

Reasons

1. Facts of recognition;

A. On July 10, 2016, Defendant B and each real estate of this case entered into a lease agreement between Defendant B and Defendant B with the term of KRW 20,000,000, monthly rent of KRW 1,500,000, and the term of lease from July 10, 2016 to July 10, 2021, and Defendant B operated E, E, F, or G of the same building, and H through I.

B. The Plaintiff purchased each of the instant real estate from D, and completed the registration of ownership transfer on July 7, 2017.

C. On July 11, 2017, Defendant C transferred marina facilities, etc. to Defendant C Co., Ltd. (hereinafter “Defendant C”) including the status of lessee of each of the instant real estate, but failed to obtain the Plaintiff’s consent.

Accordingly, Defendant C registered his business with only the remaining portion except each of the instant real estate as the place of business, and with respect to each of the instant real estate, Defendant C maintained Defendant B’s business registration and operated Mat while occupying the entire portion including the instant real estate.

On August 18, 2017, the Plaintiff notified Defendant B of the termination of the instant lease agreement on the ground of sub-lease or transfer of the right of lease without permission.

E. On November 27, 2017, the Plaintiff returned the lease deposit to Defendant B.

F. The Plaintiff was paid the tea by December 10, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 11, Eul evidence Nos. 2, 3, Eul evidence Nos. 1 through 3, 7 (including each number), and the purport of the whole pleadings

2. The assertion and judgment

A. (1) The plaintiff asserts that since the lease contract of this case was terminated on the ground of the sub-lease or transfer of the right of lease of Defendant B, the tenant, the plaintiff asserts that the defendants who directly or indirectly occupy each of the real estate of this case are obligated to deliver the real estate of this case and to pay monthly rent or a considerable amount of unjust enrichment until the completion of the delivery of each of them.

As to this, Defendant B, .

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