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(영문) 청주지방법원 영동지원 2021.01.15 2020가단4781
토지인도
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Facts of recognition;

A. On March 21, 2008, the deceased F (hereinafter “the Deceased”) completed the registration of transfer of ownership on the instant land.

B. Around January 2014, the Deceased leased the instant land to Defendant D with the annual rent of KRW 1,650,000, from January 2014 to January 2024 (hereinafter “the instant lease”), and around that time, transferred the instant land to Defendant D.

(c)

The Deceased died on May 24, 2019, and the deceased’s inheritors were the Plaintiff A, the Plaintiff B, and C, the spouse of the deceased, and the Plaintiff A, the Plaintiff, on June 21, 2019, completed the registration of transfer of ownership due to inheritance by division of consultation on May 24, 2019.

(d)

The Defendants are currently cultivating the instant land together.

E. Upon filing the instant lawsuit, the Plaintiffs expressed their intent to terminate the instant lease agreement and to seek the delivery of the instant land on the grounds that Defendant D sub-leases the object under the instant lease agreement to Defendant E without permission, and the duplicate of the instant complaint containing the said content was served on Defendant D on June 8, 2020.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. The assertion and judgment

A. 1) The plaintiffs' assertion 1) The defendant D sublets part of the land of this case to the defendant E without the consent of the deceased or the plaintiffs without permission. The plaintiffs succeeded to the deceased's lessor status terminated the lease contract of this case by the delivery of the copy of the complaint of this case. Thus, the defendants are obligated to deliver the land of this case to the plaintiffs.

2) The Defendants’ assertion explicitly consented to the sub-lease to Defendant D’s Defendant E, and even if the Plaintiffs did not consent to the above sub-lease, this constitutes a case where there are special circumstances, which cannot be deemed as a lessor’s act of distribution against the lessor.

B. According to Article 629 of the Civil Act, the judgment is made.

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