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(영문) 서울동부지방법원 2020.04.29 2019가단142580
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant C leaves the building listed in the attached list;

B. Defendant B shall enter in the separate sheet.

Reasons

1. Facts of recognition;

A. On March 15, 2019, the Plaintiff entered into a lease contract with Defendant B by setting a deposit of KRW 100,000,000, monthly rent of KRW 500,000, the period from April 10, 2019 to April 10, 2021, and the lessee did not transfer the sub-lease or lease without the lessor’s consent, and the Defendant B entered into a lease contract with Defendant B by setting a period from April 10, 2019 to April 10, 2021.

4. 10. The building of this case is transferred and possessed from that time.

B. Meanwhile, Defendant B concluded a sublease contract with Defendant C on the instant building with the Plaintiff as the monthly rent of KRW 200,000 (the monthly rent of KRW 350,000 from November 11, 2019) without the Plaintiff’s consent, while Defendant C occupied the instant building from April 10, 2019.

C. Upon becoming aware of the sublease, the Plaintiff notified Defendant B of the termination of the lease agreement and the delivery of the building on July 25, 2019.

[Reasons for Recognition] With respect to Defendant B, the fact that there is no dispute against Defendant C, the judgment deeming confession (Article 208(3)2 of the Civil Procedure Act)

2. According to the fact of the above recognition, the instant lease was terminated on July 25, 2019.

As such, the Plaintiff as the owner and the lessor, the Defendant C moved out of the instant building, and the Defendant B has the duty to deliver the instant building.

I would like to say.

3. The plaintiff's claim of this case against the defendants is justified, and it is so decided as per Disposition.

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