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(영문) 수원지방법원안양지원 2020.06.05 2019가단4906
건물명도(인도)
Text

1. The part concerning the claim for reinstatement among the instant lawsuit shall be dismissed.

2. The Defendants jointly list the Plaintiff.

Reasons

1. Basic facts

A. On April 18, 2018, the Plaintiff entered into a lease agreement with Defendant C to lease real estate listed in the separate sheet (hereinafter “instant building”) with a lease deposit of KRW 10 million, monthly rent of KRW 800,000,000, and the period from May 10, 2018 to May 10, 2020 (hereinafter “instant lease agreement”), and entered into a special agreement with Defendant C as follows.

Matters of special agreement

1. Maintenance expenses and value-added taxes shall be borne separately by lessees;

9. A lessor permits a sublease contract, but requires the lessor's consent at each time of sublease contract.

10. Administrative and legal problems arising out of the tenant's business when a sublease contract is made shall be responsible for the lessee. In this case, the lessor may terminate the lease contract of this case and the sublease contract of this case.

B. Since then, Defendant C subleaseed the instant building to Defendant D (hereinafter “instant sub-lease contract”), and on June 29, 2018, the Plaintiff prepared the “sub-lease consent” with the Defendants, which agreed to the instant sub-lease contract, and the main contents thereof are as follows: “The sub-lease shall be approved on the condition that the instant lease contract does not violate the special terms and conditions within the instant lease contract.”

C. From January 2019 to May 16, 2019, Defendant C was indicted as Defendant C’s act of arranging sexual traffic while operating marina business at the instant building. On October 29, 2019, Defendant C was convicted of imprisonment with prison labor of two years of suspension of execution, community service order of 80,000 won and additional collection of 80,000 won from the said court, and the said judgment became final and conclusive.

On the other hand, the Plaintiff: (a) proves that “the termination of the instant lease agreement is notified to Defendant C on June 11, 2019 due to the violation of the instant special terms and conditions of the instant lease agreement (the notice of the violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. of Arrangingan Police Station); and (b) on June 2019.

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