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(영문) 서울중앙지방법원 2018.06.22 2017가단5142090
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

1. Facts of recognition;

A. On January 1, 2016, the Plaintiff leased the real estate listed in the separate sheet (hereinafter “instant real estate”) to Defendant B by the end of December 31, 2016, and the lessee cannot be deemed a sub-lease or collateral without the lessor’s consent. As a result, the lessee agreed that the lessee may not raise an objection even after the termination of the contract period (Article 6 of the lease agreement). Defendant C is currently running business on the instant real estate.

B. On April 21, 2016, the Plaintiff notified Defendant B that the lease contract will be terminated on the ground of the unauthorized transfer of the right of lease based on Article 6 of the instant lease agreement.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 3

2. Determination

A. According to the above facts, the instant lease agreement was terminated around April 21, 2016 according to the Plaintiff’s declaration of intent. Therefore, Defendant B is obligated to deliver the instant real estate to the Plaintiff, the owner of the instant land, according to the lease agreement.

B. As to this, the Defendants asserted that the Defendants are well aware of the use of the instant real estate in the form of a rental sale contract, but there is no evidence to acknowledge this.

3. Thus, the plaintiff cites the claim of this case on the ground of its reasoning.

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