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(영문) 인천지방법원 2016.06.15 2015가단68880
건물명도 등
Text

1. The Defendants jointly deliver to the Plaintiff the real estate listed in the separate sheet.

2. Defendant B shall be the Plaintiff 450.

Reasons

1. Facts of recognition;

(a)The following facts are not in dispute between the Parties:

1) On August 8, 2014, the Plaintiff leased the instant real estate owned by the Plaintiff to Defendant B by setting the lease deposit amount of KRW 10 million, monthly rent of KRW 1.5 million, and the lease period of August 7, 2016 (hereinafter “instant lease agreement”).

(2) The Plaintiff was not paid the monthly rent from December 1, 2014, as the sum of value-added taxes on September 9, 2014, 10, and 11, to Defendant B.

3. Defendant C transferred the instant real estate to Defendant B without the Plaintiff’s consent, and currently occupies and uses the said real estate.

B. The Plaintiff expressed his/her intent to terminate the above lease agreement on the ground that the Plaintiff had not been paid two or more occasions, as a copy of the instant complaint, and the fact that Defendant B was served with the copy of the instant complaint on December 17, 2015 is apparent in the record.

2. Determination as to the cause of action

A. According to the facts of recognition of the above claim for the delivery of real estate, Defendant B is a lessee, and Defendant C is obligated to deliver the instant real estate to the Plaintiff, who is a lessor and the owner as an illegal occupant.

B. According to the above facts of recognition, Defendant B is obligated to pay to the Plaintiff the total value-added tax of KRW 450,000 per annum from December 18, 2015, the day following the delivery date of the copy of the complaint of this case, to the day of full payment, calculated by 15% per annum as stipulated by the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, etc., at the request of the Plaintiff. (2) The Plaintiff is a person who unlawfully occupies and uses the real estate of this case by Defendant C, and thus, the Plaintiff is jointly and severally liable with Defendant C to pay the value-added tax.

However, even if a lessee transfers a right of lease to a third party or makes a sub-lease without the consent of the lessor to use the leased object or make a profit therefrom, the lessor shall terminate the lease for this reason.

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