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(영문) 의정부지방법원 고양지원 2018.11.28 2017가단73088
건물명도(인도)
Text

1. The Defendants shall deliver to the Plaintiff each possession part of the real estate listed in the separate sheet No. 2 as indicated in the separate sheet No. 1.

2...

Reasons

1. Facts of recognition;

A. On May 3, 2005, the Plaintiff, the owner of the real estate listed in the Attachment No. 1 (hereinafter “instant building”) is the “the instant building” between Defendant B and Defendant B.

In relation to A, a lease contract was entered into on May 3, 2005 to May 2, 2007 (the J of Defendant B, the lessee), with a deposit of KRW 10 million, KRW 1.5 million per month, and the lease term from May 3, 2005 to May 2, 2007 (the J of Defendant B, the lessee), and the deposit was changed to KRW 20 million on May 3, 2007 and KRW 2 million per month.

B. Accordingly, on May 7, 2015, K, which was delegated with the authority of Defendant B to the Plaintiff to not pay the Plaintiff the Plaintiff the instant building, under the name of L Co., Ltd., the following lease agreements with the Defendant as to the instant building:

A new contract was entered into. Article 1 of the Terms and Conditions of the Contract provides that the lessee shall deliver the lease deposit of KRW 10 million, monthly rent of KRW 2.2 million to the lessee by May 7, 2015, and the term of the lease shall be six months from the date of delivery. Article 3 of the Terms and Conditions of the Contract provides that the lessee shall not change the use, structure, etc. of the said real estate or sub-lease, transfer of the right of lease or offer the security, nor use it for any purpose other than the purpose of the lease without the lessor’s consent. [The matters of the special agreement are short-term sub-lease contract for six months. The sub-lease contract shall be terminated immediately, and the sub-lease shall order the store immediately.

C. Defendant B altered the use of the instant building without permission while occupying and using it. Defendant B subleted each of the aforementioned Defendants’ respective possession parts of the instant building to Defendant C, D, E, F, G, H, and I without the Plaintiff’s consent. Of the instant building, Defendant B occupied the relevant parts as indicated in attached Table 2.

With regard to the change of Defendant B’s unauthorized use, the Plaintiff was notified by the Seongbuk-gu Office of Gyeyang-gu, Soyang-gu that the charge for compelling the performance will be imposed if the restoration to the original state is not made until September 2, 2016.

(e).

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