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(영문) 수원지방법원 2018.04.04 2017가단23062
건물인도등
Text

1. The defendant shall deliver to the plaintiffs the real estate stated in the separate sheet.

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

3...

Reasons

1. Basic facts

A. As to the portion of 85.25/75 of each of the buildings listed in the separate sheet (hereinafter “instant building”), Plaintiff B and C completed the registration of initial ownership on March 27, 2009 with respect to their respective share of 131.75/75, respectively, and Plaintiff E and F with respect to their respective share of 170.5/70, respectively.

B. On January 25, 2017, the Plaintiffs concluded a lease agreement on the instant building with H and I, and delivered the instant building to H and I, and agreed that “The lessee cannot sublet or transfer the right of lease without the lessor’s consent.”

C. Since then, H and I transferred the possession of the instant building to the Defendant without the consent of the Plaintiffs, and the Defendant currently occupies the instant building while operating the Jart in the instant building.

On November 13, 2017, the Plaintiffs notified H and I of the termination of the said lease agreement on the grounds that they were sub-leaseed or transferred the right of lease to the Defendant, and the said termination notice reached H and I around that time.

[Grounds for Recognition] Unsatisfy, entry and video of Gap evidence 1 through 9 (including each number in the case of additional number), the purport of the whole pleadings

2. In light of the above facts, the above lease contract was lawfully terminated by the plaintiffs' termination notification on the ground of sub-lease or transfer of right of lease to H and I without permission, and the defendant, who is the possessor of the building of this case, is obligated to deliver the building of this case to the plaintiffs, who are the owner of the building of this case.

3. In conclusion, the plaintiffs' claims are reasonable, and this decision is delivered with the assent of all participating Justices.

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