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(영문) 수원지방법원 2018.06.07 2017가단540307
건물명도(인도)
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

Basic Facts

On December 13, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant A with regard to the real estate listed in the separate sheet (hereinafter “instant real estate”) by the end of January 31, 2018 when the lease agreement term expires.

At the time, the Plaintiff and Defendant A determined that the Plaintiff may terminate the rental contract if they transferred the right of lease of rental housing to another person or sublet the rental housing in violation of Article 19 of the Rental Housing Act.

(Article 10(1)2 of the General Conditions for Contracts. However, Defendant B, not the lessee, resided in the instant real estate.

On July 10, 2017, the Plaintiff requested the Defendant A to leave when notifying the termination of the instant lease agreement on the ground that the Defendant A violated the instant lease agreement.

[Reasons for recognition] In light of the fact that there is no partial dispute, Gap evidence No. 1, Gap evidence No. 4-1, 2, and Gap evidence No. 5, and the facts of determination as to the cause of claim as a whole, it is reasonable to view that Defendant B, who is not a lessee, resided in the real estate of this case constitutes a transfer or sub-lease of the right of lease, and Defendant A violated Article 10(1)2 of the general conditions of the lease agreement of this case.

Therefore, the instant lease agreement was legally terminated by the Plaintiff’s notice of termination on the ground thereof.

Unless there are special circumstances, the Defendants are obliged to deliver the instant real estate to the Plaintiff.

The Defendants asserted that the Defendants are in an internal relationship with their family members in Seoul, and that Defendant A mainly resided in the real estate of this case, and that Defendant A did not transfer the right of lease or sub-lease the rental house to Defendant B. Thus, Defendant A does not violate Article 10(1)2 of the general terms and conditions of the instant lease agreement.

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