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(영문) 인천지방법원 부천지원 2018.01.12 2017가단13740
토지인도 및 건물철거
Text

1. The defendant shall be the plaintiff.

(a) remove the buildings listed in Attachment 1;

(b) Appendix 2.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the land indicated in attached Table No. 2 (hereinafter “instant land”).

B. Nonparty C, as the owner of the building listed in attached list No. 1 (hereinafter “instant building”), was using the instant land (hereinafter “instant lease”). On May 22, 2017, Nonparty C transferred the ownership of the instant building and the right to lease the instant land to the Defendant.

C. On June 26, 2017, the Plaintiff sent to C a certificate of the purport that C terminated of the lease of this case on the ground that C transferred the right of lease under the lease of this case without permission, and the said certificate reached C around that time.

[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings

2. Determination:

(a) A lessee may not transfer his right or sub-lease the leased object without the consent of the lessor, and if the lessee violates it, the lessor may cancel the lease contract; and

(Article 629 of the Civil Act). (b)

According to the above facts, the lease of this case was terminated by the Plaintiff’s declaration of termination on the ground of C’s unauthorized transfer of the right of lease, and there is no evidence to acknowledge the special circumstances that C’s transfer of the right of lease was not an act of worship against the Plaintiff.

Therefore, the defendant who owned the building of this case and occupied the land of this case cannot assert the right of lease on the land of this case to the plaintiff. Thus, the building of this case cannot be removed and there is a duty to deliver the land of this case to the plaintiff.

3. The plaintiff's claim is reasonable, and it is so decided as per Disposition.

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