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(영문) 전주지방법원남원지원 2016.08.10 2015가단10371
건물명도등
Text

1. Defendant (Counterclaim Plaintiff) B and Defendant C are 145.44 square meters per floor among the buildings indicated in the attached Table to the Plaintiff (Counterclaim Defendant).

Reasons

1. Determination on the Plaintiff’s main claim (Counterclaim Defendant; hereinafter “Plaintiff”)

A. Determination 1 as to the cause of the claim (A) The Plaintiff is the owner who newly constructed a building listed in the separate sheet on February 10, 2010 and completed registration of ownership preservation.

B) On July 1, 2010, the Plaintiff is a 145.44 square meters of the first floor among the above buildings (hereinafter “instant commercial building”) to D on July 1, 2010.

2) The term “instant lease agreement” refers to a lease agreement under the terms that it is leased free of charge for 120 months or longer.

c) On December 15, 2011, 201, the lessee agreed to sublet the commercial building of this case without the lessor’s consent or to transfer its right of lease to the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) B, setting the term of the commercial building of this case from December 20, 201 to June 30, 2020 and sublet the commercial building of this case at KRW 2 million as lease deposit and annual rent. At the time, the Plaintiff agreed to the above sublet contract between D and Defendant B (hereinafter “the sublet contract of this case”) (hereinafter “E”), and the Plaintiff, upon delivery of the commercial building of this case, was able to operate the commercial restaurant of this case and suspend its operation on December 15, 2014, but the Plaintiff agreed to sublet the commercial building of this case to the Plaintiff and the Plaintiff 200,000,000,000,000,000,000).

F. Nevertheless, around December 2014, Defendant B entered into a sub-lease contract with Defendant C to the instant commercial building and delivered the instant commercial building to Defendant C, and Defendant C is “F” after completing the construction of facilities for the operation of the restaurant in the instant commercial building.

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