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(영문) 수원지방법원안산지원 2016.11.22 2016가단57017
건물명도
Text

1. The Defendants deliver to the Plaintiff the buildings listed in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Basic facts

A. On February 27, 199, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with C on real estate listed in the separate sheet (hereinafter “instant building”). Under the instant lease agreement, C may cancel or terminate the instant lease agreement, or refuse to renew the contract in cases where C transfers the right of lease to another person or sublets the leased house to another person in violation of the Rental Housing Act.

B. Around March 2002 during the term of the instant lease agreement, around March 2002, C entered into a sales contract with the Defendants on the instant building without the Plaintiff’s consent, and the Defendants thereafter occupy the instant building upon delivery from C.

C. On August 27, 2014 and December 18 of the same year, the Plaintiff notified C and the Defendants of the termination of the instant lease agreement on the grounds of the transfer of the right of lease without permission.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 6 (including paper numbers), the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts of the judgment as to the plaintiff's cause of claim, the sales contract of the above apartment house by C and the defendants constitutes a lease transfer contract, and the plaintiff terminated the lease contract of this case on the ground of the lease transfer without permission. Thus, the defendants are obligated to deliver the building of this case to the plaintiff, barring special circumstances.

B. The Defendants asserted that the implied acceptance of the judgment of the Defendants as to the Plaintiff’s assertion 1 is that C transferred the right of lease to the Defendant and the Defendants moved in to the building of this case on March 2002. The Plaintiff knowingly acknowledged the Defendants as lessee without any objection for a long time, and the Defendants were not aware of the fact that the transfer of the right of lease was illegal, and thus, they cannot respond to the Plaintiff’s claim.

According to the statement of No. 3, the defendant is the defendant.

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