(영문) 서울북부지방법원 2019.08.22 2018가단147430

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(영문) 서울북부지방법원 2019.08.22 2018가단147430

건물명도 등

Text

1. The Plaintiff:

A. Defendant B received KRW 20,000,000 from the Plaintiff, and at the same time, entered in the attached list.

Reasons

1. Basic facts

A. On December 19, 2012, the Plaintiff leased the building listed in the separate sheet (hereinafter “instant building”) to Defendant B by setting the lease deposit of KRW 20 million, monthly rent of KRW 1,600,000, and the lease term from December 30, 2012 to December 29, 2014. At the time of the said lease agreement, Defendant B agreed that it shall not sublet the building without the Plaintiff’s consent.

(hereinafter “instant lease agreement”). B.

After Defendant B paid to the Plaintiff the lease deposit amount of KRW 20 million under the instant lease agreement, Defendant B commenced operating the real estate brokerage office in the instant building, and thereafter, the instant lease agreement was renewed continuously. Defendant B subleted the instant building to Defendant D around March 2018 during the renewed lease term.

C. On August 21, 2018, the Plaintiff notified Defendant B of the termination of the instant lease agreement on the ground of an unauthorized transfer of land.

[Ground for recognition] Defendant B: A without dispute, each entry and video of evidence Nos. 1, 2, 5, 6, 7, 8, and 9 (including paper numbers) and the purport of the whole pleadings, as a whole, Defendant D: Judgment by the admission of confession

2. Determination

A. According to the above facts finding as to the cause of the claim, unless there are special circumstances, such as the sub-lease of the building of this case to Defendant D with the Plaintiff’s consent, the lease contract of this case was lawfully terminated by the Plaintiff’s declaration of termination due to the Defendant’s sub-lease without permission. Thus, the Plaintiff is obligated to deliver the building of this case to the Plaintiff at the same time as the Plaintiff received the lease deposit amount of KRW 20 million from the Plaintiff, and the Defendant D is obligated to deliver the building of this case.

B. First of all, Defendant B asserted that he sub-leaseed to Defendant D with the Plaintiff’s consent of E and F, which is the Plaintiff’s agent, but it is not sufficient to recognize only the written evidence Nos. 4 and 5, and there is no other evidence to acknowledge it.

Therefore, this part of the defendant B's this.

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