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(영문) 제주지방법원 2018.04.12 2017가합13522
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff each real estate listed in the separate sheet.

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

3...

Reasons

1. Facts of recognition;

A. Each real estate listed in the separate sheet (hereinafter “instant real estate”) is jointly owned by both the Plaintiff and the Plaintiff’s representative C.

B. On November 11, 2014, the Plaintiff leased to D a bachelor’s Dong (excluding warehouses) among the instant real estate as the lease period of one year and 15 million won per annum.

After that, on December 23, 2014, the Plaintiff and D entered into a contract to change the leased object to KRW 20 million, and KRW 5,500,000,000 per month, on the part other than academic Dong warehouse, company house second floor, and love warehouse among the instant real estate.

(hereinafter “instant lease agreement”). C.

D did not pay the rent from November 23, 2015, and on February 29, 2016, the Plaintiff sent a mail to the effect that the instant lease contract is terminated, as the Plaintiff did not pay the rent for at least three months, and received D on March 2, 2016.

On October 12, 2017, the Jeju District Court rendered a judgment that D is obligated to deliver the instant real estate to the Plaintiff on the ground that the instant lease agreement was lawfully terminated on the grounds of a rent-free body.

[The Jeju District Court 2017Gahap10615 (Mains) 2017Gahap632 (Counterclaim)] E.

D on June 21, 2017, without the Plaintiff’s consent, leased to the Defendant the first floor, the first floor, the wedding distribution, the network, the first floor, and the second floor (part) of the instant real estate, among the instant real estate, with a deposit of KRW 5 million, and the period from June 21, 2017 to 24 months from June 21, 2017.

(hereinafter “The instant sub-lease contract”). The Defendant occupies not only the sub-lease object but also the entire real estate of this case from around that time.

[Reasons for Recognition] Unsatisfy, Gap 1-6 evidence (including the whole number), the purport of the whole pleadings

2. Determination as to the cause of claim

A. As the Plaintiff’s declaration of termination on February 29, 2016, the instant lease agreement was terminated on March 2, 2016, following the Plaintiff’s declaration of termination on February 29, 2016.

The sub-lease contract of this case which was concluded with the defendant by D who is not in the position of the tenant due to the termination of the contract.

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