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(영문) 서울서부지방법원 2019.01.16 2018가단206939
건물명도(인도)
Text

1. Paragraph 1 of the attached list to the plaintiff A, and Paragraph 2 of the same list to the plaintiff B.

Reasons

1. Facts of recognition;

A. On April 14, 2016, the Plaintiffs entered into a lease agreement with the Defendant and D on May 11, 2018 (hereinafter “instant lease agreement”) with respect to the lease deposit amounting to KRW 70 million, monthly rent of KRW 5 million, and May 12, 2016 to May 11, 2018 (hereinafter “instant lease agreement”).

B. On March 29, 2017, the Defendant entered into a contract with I to transfer or acquire the right of KRW 120 million (hereinafter “instant right contract”) with I, and agreed to transfer the right of lease to I, while “it is difficult to operate Canadians any longer because I plans to plan Canadians” with I, while concealing the above contract.

On October 12, 2016, to February 10, 2017, the Defendant continuously made a statement that the instant Institute would sell and purchase the instant Institute of Notification to the “J” Internet Caf, and I concluded the instant right contract through the real estate brokerage office.

C. On April 11, 2017, D, representing the Plaintiffs, visited the instant Institute of Notification in order to conclude a lease contract with I on April 1, 2017, but I received and operated the said Institute of Notification before I died, and the Defendant confirmed the fact that I received premiums from I, thereby refusing to conclude a lease contract with I.

On April 17, 2017, the plaintiffs notified the defendant of the termination of the contract on the ground that they transferred the right of lease without the plaintiffs' consent. On April 21, 2017, the defendant respondeded that the termination of the contract is unfair since the premium contract with I does not constitute a transfer of the right of lease.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, 9 (including additional numbers), witness I's testimony, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiffs’ assertion of the instant lease agreement is based on the termination of the contract on April 17, 2017, which was based on the Plaintiff’s unauthorized transfer of the right of lease.

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