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(영문) 대전지방법원 2017.03.23 2016가단26690
건물명도
Text

1. The Defendants are among the buildings attached to the Plaintiff at the same time receiving KRW 20,000,000 from the Plaintiff.

Reasons

1. Facts of recognition;

A. On August 20, 2013, the Plaintiff, as the owner of the instant commercial building, entered into a lease contract between Defendant B and the Plaintiff for the instant commercial building with a deposit of KRW 20,000,000, monthly rent of KRW 1,000,000, and the lease term of KRW 20,000 from August 20, 2013 to August 20, 2015 (hereinafter “instant lease contract”). Defendant B, around that time, paid the Plaintiff deposit of KRW 20,00,000, and operated the instant commercial building with a trade name of E store from the instant commercial building.

B. Defendant B and Defendant C concluded a sublease contract on April 20, 2016, but the Plaintiff did not consent to the sublease contract.

C. Defendant D, the spouse of Defendant C, made the name of the F in the instant commercial building, which was the name of the F, and attached the name tag called the Korean Army Academy at the seat of the entrance of the instant commercial building. D. The name tag of the Korean Army Academy at the Daejeon District Association was attached on the entrance of the instant commercial building.

The plaintiff as of May 17, 2016

6. 10. Defendant B sent content-certified mail to the effect that the lease contract will be terminated.

E. At present, the Defendants did not run a business in the instant commercial building, but the inside of the instant commercial building remains a house necessary for business.

[Based on the recognition] Evidence Nos. 1, 4-1, 2, and 5-1, 2, and 7-1, 5-2, and 1-4, and 10-1 to 4, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff 1’s assertion by the parties was implicitly renewed on August 21, 2015, and the term of lease was extended until August 20, 2016.

However, on May 17, 2016 and June 10, 2016, the Plaintiff notified Defendant B that the lease contract will be terminated.

Therefore, after August 20, 2016, the term of lease can not be extended since the expiration of the term of lease.

Defendant C and D are transferred the instant commercial building from Defendant B without the consent of the Plaintiff, who is a lessor and owner.

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