(영문) 제주지방법원 2017.07.10 2015가단57118

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(영문) 제주지방법원 2017.07.10 2015가단57118

토지인도

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1. Defendant C’s KRW 658,600 and the Plaintiff’s annual rate of KRW 5% from January 27, 2016 to July 10, 2017.

Reasons

1. Basic facts

A. On March 30, 2013, the Plaintiff entered into a lease agreement with Defendant B on the following terms (hereinafter “instant lease agreement”) with the term of lease from March 30, 2013 to March 30, 2023, and with the rent of KRW 2.5 million per annum (Provided, That the rent of KRW 5 million per annum from June 201) (hereinafter “instant lease agreement”).

According to the instant lease agreement, a lessee may not change the use or structure of the said real estate without the consent of the lessor, nor sub-lease, transfer the right of lease or offer the security, and may not use it for purposes other than the purpose of lease. The lessor may terminate the contract with the written peremptory notice when the lessee fails

Defendant C is the husband of Defendant B.

B. Although there was an unregistered warehouse attached to the real estate stated in the separate sheet (hereinafter “instant warehouse”), D, who resides adjacent to the real estate stated in the separate sheet, began to wear a door and use a ceiling on the part of the instant warehouse on the ground that part of the instant warehouse occupies the land in which he/she resides, and Defendant B leased the real estate stated in the separate sheet, including the instant warehouse, from the Plaintiff, on February 4, 2015, and continued to use the instant warehouse by paying KRW 2 million as the fee for the use of the instant warehouse until February 3, 2023.

C. On May 21, 2015, the Plaintiff notified Defendant B of the termination of the instant lease on the ground that he/she concluded a contract with Defendant B for the use of the instant warehouse and subleted the instant warehouse without permission.

[Ground of recognition] Facts without dispute, Gap 1-4, 18 evidence (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul 1, 2, and 4 evidence, witness D's testimony, the purport of the whole pleadings

2. Determination as to the assertion on termination of a lease agreement

A. The Plaintiff’s assertion (1) The subject matter of the instant lease agreement is kept by the Plaintiff’s husband.

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