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(영문) 서울남부지방법원 2020.02.18 2019가단5486
건물명도 등
Text

1. 원고에게, 서울 영등포구 E 외 1필지 지상 목조 기와지붕 단층주택 및 부속건물(샷시) 중, 가...

Reasons

1. Facts of recognition;

A. The Plaintiff and F ( husband of the Plaintiff) own the building indicated in paragraph 1 of the disposition (hereinafter “instant building”).

On July 8, 2009, the Plaintiff issued an order to Defendant D on July 8, 2009.

The part of the port has been leased from July 10, 2009 to July 9, 2010, and thereafter the lease contract has been renewed.

On December 15, 2010, the Plaintiff issued an order to Defendant B, among the instant buildings.

The part of the port was leased from December 15, 201 to December 15, 201, with the deposit amount of KRW 20 million, KRW 1.8 million per month, and the term of lease from December 15, 201 to December 15, 201, and thereafter the lease was renewed.

Since 2016, Defendant C was occupied by the aforementioned parts from Defendant B.

B. Defendant D and C are operating sexual traffic establishments in the leased object.

[Reasons for Recognition] Facts without dispute, entry or video of Gap 1 through 8, the result of a request for surveying and appraisal to the Korea Land Information Corporation in this Court, the purport of the whole pleadings

2. Determination as to the cause of action

A. The summary of the party's assertion 1) Plaintiff D and C operate a commercial sex acts establishment in the leased object. As such, the Plaintiff terminated the lease contract with Defendant D and B. At the first date for pleading, the Plaintiff stated that "the assertion on the use of the object other than the purpose of the lease of this case, which is the primary cause of claim, is withdrawn." However, after the completion of the request for survey appraisal, the Plaintiff stated that the claim for modification of the purport of the claim and the supplementary cause of the claim, which was submitted on January 15, 2020, are the primary cause of claim and stated on January 15, 2020, which was made at the second date for pleading, and thus, it is deemed to maintain the above assertion. (2) The Defendants B and D leased the leased object as of the first date for use, and the Defendant C transferred the leased object from Defendant B with the consent of the Plaintiff.

(b) Defendant B and D for the following reasons:

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