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(영문) 제주지방법원 2019.01.09 2018나11602
건물명도(인도)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The grounds upon which the defendant appealed in the judgment of the court of first instance do not differ significantly from those of the court of first instance, and even if the court of first instance examined the evidence relations of this case closely in light of the records, the fact-finding and the judgment of the court of first instance are justifiable.

Therefore, the reasoning for the court's explanation on the instant case is that the Defendant entered into a partnership contract with D and did not sub-lease the following facts as to the Defendant's assertion that the Defendant did not perform sub-lease, and the supplement is made on the ground of its determination, and the Defendant's rejection of evidence No. 2, which the Defendant submitted in the trial, is the same as the reasoning of the judgment of the first instance. Therefore, it is cited by applying the main text of Article

2. Article 629 of the Civil Act provides that "a lessee may not transfer or sublease his/her right without the consent of the lessor, and the lessor may terminate the lease contract if the lessee violates it." This is intended to protect the lessor's personal trust and economic interests in consideration of the continuous legal relations based on the original individual trust of the party. The lessee's use of and profit from the leased object to a third party without the consent of the lessor can be an incidental act that makes it difficult for the lessor to continue the lease relationship. Therefore, allowing the lessor to terminate the lease relationship unilaterally.

(1) The Supreme Court Decision 200Da45308 delivered on April 27, 1993 (see, e.g., Supreme Court Decision 92Da45308, Apr. 27, 1993). Thus, the Supreme Court Decisions 4292Da16, Jan. 11, 1962; 200Da45308, May 23, 1953.

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