(영문) 부산지방법원 2018.12.11 2018가단7364

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(영문) 부산지방법원 2018.12.11 2018가단7364

건물명도(인도)

Text

1. The defendant shall be the plaintiff.

(a) 1, 2, 3, 4, 5, 6, among the buildings listed in the separate sheet, among the buildings indicated in the separate sheet;

Reasons

1. Facts of recognition;

A. On August 14, 2012, the Plaintiff entered into a lease agreement with Nonparty C and D (hereinafter “Nonindicted Party”) on the following terms: (a) the entire underground floor and the first floor of the instant building were KRW 170 million; (b) three years during which the lease was made (from August 14, 2012 to August 13, 2015); and (c) 4.5 million monthly rent (hereinafter “instant lease agreement”); and (d) the said lease agreement was renewed on August 13, 2015.

B. In order to reduce the burden of the lease deposit, etc., the Nonparty, a lessee, expressed his/her intention to sublease about about 20 square meters of the first floor of the leased object (hereinafter “the second floor object of this case”). Accordingly, upon the Plaintiff’s consent, on October 20, 2015, the Nonparty, a lessee, expressed his/her intention to sublease the degree of about 20 square meters of the leased object of this case (hereinafter “the second floor object of this case”). On November 20, 2015, the Nonparty, who was the Plaintiff, the lessee, and the Nonparty, the attending Nonparty, written a lease agreement, stating that the amount of KRW 20 million of the lease deposit, monthly rent, and KRW 1 million from November 8, 2015 to the Nonparty, the lessee of the instant lease agreement, shall be paid to the Nonparty (hereinafter “the instant sub-lease agreement”).

After that, the Defendant operated a sufficient house in the previous object of this case, and the monthly rent was paid to the Nonparty.

C. However, as the Nonparty neglected to pay monthly rent under the instant lease agreement, the Plaintiff filed a lawsuit against the Nonparty, including the name of the building, etc., with the Busan District Court 2017Da29794, and was sentenced to a judgment of non-litigation in favor of the Plaintiff on February 6, 2018.

After that, according to the above judgment, the Plaintiff applied for an order for the delivery of real estate to the above court as 2018 main text488, and the Nonparty ordered the Plaintiff to order the object of lease on March 20, 2018.

The plaintiff is about the object of lease of this case between the non-party E after the lawsuit with the non-party.

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