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(영문) 의정부지방법원고양지원 2015.02.13 2014가단65390
건물명도
Text

1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.

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

3.

Reasons

1. Facts of recognition;

A. The Plaintiff completed the registration of preservation of ownership on the real estate listed in the attached list (hereinafter “the apartment of this case”), which was received on September 5, 201 from the Goyang-gu District Court, Goyang-gu Office of High District Court, the registration of preservation of ownership was completed. The instant apartment is a publicly constructed rental house under Article 2 of the Rental Housing Act.

On the other hand, Article 19 of the Rental Housing Act provides that a lessee of a rental house shall not transfer or sublease the right of lease to another person except in a case where he has obtained the consent of the rental business operator.

B. On October 30, 2008, the Plaintiff entered into a lease agreement with Nonparty C with respect to the instant apartment and the instant apartment amount of KRW 69,000,000, monthly rent of KRW 395,000. (2) On October 24, 2013, upon renewal of the above lease agreement, the lease deposit was KRW 72,312,00,000 for the instant apartment and Nonparty C and the instant apartment, and the lease agreement was entered into between October 1, 2013 and September 30, 2015.

(hereinafter) As above, the lease contract entered into between the Plaintiff and Nonparty C is deemed to be the instant lease contract.

On or around December 13, 2012, Nonparty C entered into a lease agreement with Nonparty D and Nonparty E to transfer the right to lease of the instant apartment, and around that time, Nonparty E removed from the instant apartment. Nonparty E entered into a lease agreement with Defendant A on or around February 23, 2013 with respect to the instant apartment with a deposit amount of KRW 74,00,000, and thereafter delivered the instant apartment to Defendant A. The Defendants occupied the instant apartment from that time to that time.

On the other hand, on June 3, 2014, Nonparty C filed a report on the sub-lease of the instant apartment to Nonparty E without the consent of the lessor.

The plaintiff transferred the apartment of this case to the non-party C without the plaintiff's consent.

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