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(영문) 의정부지방법원고양지원 2019.11.13 2019가단5294
건물명도 등
Text

1. Defendant D shall leave the real estate listed in the separate sheet.

2. The plaintiff's claim against the defendant C is dismissed.

3...

Reasons

1. Facts of recognition;

A. On September 15, 2014, with respect to the instant building, a lease agreement (hereinafter “instant lease agreement”) was concluded with the Plaintiff, the owner of the instant building, as the lessor, as follows:

Deposit: 10 million won (payment at the time of a contract), balance: 9 million won (payment on October 6, 2014), and 9 million won (payment on October 6, 2014): From October 6, 2014 to October 5, 2016: Plaintiff B: Defendant C (private person)

B. At the time of the conclusion of the instant lease agreement, Defendant C, expressed as the representative of the Plaintiff and the Plaintiff, did not attend, and Defendant D signed the “E” on the side of the “C” indicated in the same letter among the instant lease agreement.

C. Since the formation of the instant lease contract, Defendant D occupies and uses the instant building.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, and 7, the purport of the whole pleadings

2. The parties' assertion

A. Defendant D entered into the instant lease agreement on behalf of Defendant C lawfully, and Defendant C did not pay KRW 11,80,000 for rent, and sublet the instant building to Defendant D without the Plaintiff’s consent.

Therefore, since the Plaintiff terminated the instant lease agreement on the ground of the nonperformance by Defendant C, Defendant C, the lessee of the instant lease, is obligated to deliver the instant building and pay the unpaid rent or unjust enrichment totaling KRW 11,80,000 and unpaid management expenses to KRW 709,640, and Defendant D is obligated to leave the instant building.

B. Defendant C cannot be deemed to have granted the right of representation for the conclusion of the instant lease agreement to Defendant C, or consented to the conclusion of the instant lease agreement.

3. Determination

A. In light of the following facts and circumstances, each of the statements Nos. 3, 6, and 7, the evidence submitted by the Plaintiff alone is alone acknowledged.

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