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(영문) 서울중앙지방법원 2017.11.10 2016가단5207976
건물명도
Text

1. The defendant shall deliver to the plaintiff the buildings listed in the attached list.

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

3...

Reasons

1. Basic facts

A. The Plaintiff is the owner of the building listed in the separate sheet (hereinafter “instant commercial building”).

Since the Plaintiff started to own the commercial building of this case on October 15, 1993, the Plaintiff’s Dong C has been acting for the conclusion of the lease contract and the collection of rent for the commercial building of this case.

B. On May 31, 2014, the Plaintiff’s agent C entered into a lease agreement with D, setting a deposit of KRW 10,300,000 and KRW 1,450,000 per month for the instant commercial building.

D On July 1, 2015, the Plaintiff entered into a contract to transfer the right to the instant commercial building to the Defendant (including the foregoing rental deposit) in KRW 310 million, and at the time, the Plaintiff’s agent C consented to the transfer of the said right.

C. On August 8, 2015, C concluded, on behalf of the Plaintiff, a lease agreement between the Defendant and the Defendant for the instant commercial building with a deposit of KRW 10.3 million per month, KRW 1.6 million per month, and period of lease from August 8, 2015 to August 31, 2016 (hereinafter “instant lease agreement”).

On July 29, 2015, between E and E, the Defendant entered into a sublease contract with respect to the instant commercial building, which is set forth between KRW 60 million per month, KRW 4 million per month, and the period from August 8, 2015 to August 7, 2016 (hereinafter referred to as the “sublease contract”).

E. On August 6, 2015, E was transferred to the Defendant on or around November 30, 2016, and the Defendant occupied and used the instant commercial building until now.

F. Meanwhile, F is a real estate broker who operates “H Real Estate Agent Office” in Jung-gu Seoul Metropolitan Government G, and as a real estate broker, F mediated a contract for the transfer of rights, the instant lease contract, and the sub-lease contract.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2, Eul evidence 2, 8, 13, Eul witness C's testimony, the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The Defendant, without the Plaintiff’s consent, transferred the instant commercial building to E without permission.

The plaintiff is based on the expiration of the period of validity and unauthorized transition.

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