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(영문) 인천지방법원 2016.09.21 2016가단11980
건물명도등
Text

1. The defendant points out of the three floors of the building listed in the attached list to the plaintiff each point of the attached Form 1, 2, 3, 4, 5, 6, and 1.

Reasons

1. Basic facts

A. On January 5, 2015, the Plaintiff leased part of 109.34 square meters in the ship connecting each point of the attached Form 1, 2, 3, 4, 5, 6, and 1 (hereinafter “instant real estate”) among the three floors of the building listed in the attached Table to the Defendant as the lease deposit amount of KRW 10 million, monthly rent of KRW 300,000,000, and the lease term of KRW 24 months from January 5, 2015.

(hereinafter “instant lease agreement”). B.

In the instant real estate, the Defendant, while running a marina business with the trade name “C” in the instant real estate, controlled sexual traffic business to the police.

C. On February 23, 2016, the Plaintiff received notice from the Gyeyang Police Station that the instant lease contract may be punished pursuant to Article 19 of the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic unless the lease contract is terminated definitely by immediately cancelling the instant lease contract or filing a suit for evacuation, etc., along with the fact that the instant real estate was provided as a place for sexual traffic, and that profits from the lease of the instant building may be forfeited pursuant to the Act on the Regulation and Punishment, etc. of Criminal Proceeds Concealment.

Accordingly, on March 3, 2016, the Plaintiff sent to the Defendant a postal item that the instant lease agreement was terminated for the said reason, and the said postal item reached the Defendant around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to the cause of action

A. Article 2(1)2(c) of the former Act on the Punishment of Acts of Arranging Sexual Traffic (amended by Act No. 10697, May 23, 201) provides that “an act of providing a building with knowledge of the fact that a building is provided for sexual traffic” constitutes “an act of arranging sexual traffic, etc.” The legislative intent of the Act and the above provision are to eradicate sexual traffic acts such as coercion, brokerage, etc. which are connected to our society by blocking suppliers of sexual traffic and intermediarys.

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