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(영문) 대전지방법원 2017.11.16 2017나2654
건물명도
Text

1. The judgment of the court of first instance is modified as follows.

Defendant B is paid KRW 19,612,904 from the Plaintiff.

Reasons

On August 20, 2013, the Plaintiff, the owner of the instant commercial building, entered into a lease agreement with the Plaintiff and Defendant B, agreed to lease the instant commercial building to Defendant B as KRW 20,000,000, KRW 1,000,000, KRW 1,000, and KRW 24,000, and the lease term from September 1, 2013 to August 31, 2015 (24 months).

(hereinafter “instant lease agreement”). Defendant B paid KRW 20,000,000 to the Plaintiff around that time, and Defendant B was transferred the instant commercial building from the Plaintiff and operated restaurant business in the name of “E store” in the instant commercial building.

On April 20, 2016, Defendant B entered into a sublease contract between Defendant B and Defendant C with respect to the instant commercial building, and between Defendant C and Defendant C, the sublease contract between KRW 20,000,000, KRW 1,000,000, and KRW 1,00,000, and the sublease period from April 20, 2016 to August 20, 2018, Defendant C and his spouse began to engage in restaurant business at a place.

Defendant D put his name in the name of “F”, which is a restaurant of the instant commercial building, and attached the name tag called the Korean Army Academy Officers G of Daejeon District at the entrance of the instant commercial building.

On April 2016, the Plaintiff was requested by Defendant B to give consent to the sub-lease between Defendant C and Defendant C, and the consent to the sub-lease contract is not possible, and instead, the Plaintiff intended to enter into a lease contract on the commercial building of this case with Defendant C. However, regarding the term of the contract and the restaurant business of this case, the Plaintiff’s notification of the termination of the sub-lease and the lease contract was industrialized as a problem such as the relocation of a change of a changer due to which the housing lessee of this case filed a civil petition.

Accordingly, on May 17, 2016, the Plaintiff was in the same year.

6. 10. Defendant B entered into a sub-lease contract with Defendant C without the lessor’s consent and Defendant C et al.

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