(영문) 인천지방법원부천지원 2017.12.12 2017가단105618

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(영문) 인천지방법원부천지원 2017.12.12 2017가단105618

건물명도(인도)

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1. The defendant shall deliver to the plaintiff the real estate stated in the attached Form.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Determination on the cause of the claim

A. The facts of recognition are as follows: (a) on December 16, 2016, the Plaintiff leased the real estate listed in the separate sheet (hereinafter “instant real estate”) to C (hereinafter “instant real estate”) from December 20, 201 to December 19, 2016; (b) from December 20, 2016 to December 20, 2018; (c) the rent is KRW 6.6 million per month until the first year of the lease; and (d) the rent is KRW 7 million per month thereafter to the second year; (c) the Defendant is operating the instant real estate; (d) the Defendant did not pay the rent from January 1, 2017 and March 3, 2017 to the present date; and (d) the Plaintiff did not have any dispute over the purport of the instant lease agreement between the parties to the instant case and the Defendant on April 8, 2017 due to the absence of permission or delay of rent and the cancellation of the lease agreement between C and the Defendant.

B. According to the above facts of recognition, the instant lease agreement was lawfully terminated in accordance with the Plaintiff’s notice of termination on April 8, 2017, on the ground that C’s unauthorized transfer of leased land and delayed payment of rent, barring any special circumstance. Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff.

2. The defendant's argument as to the defendant's assertion is that the actual tenant under the lease agreement of this case is not C, and even if not, the defendant legitimately transferred the real estate of this case with the plaintiff's consent.

According to the statement of evidence Nos. 1 and 1, the Defendant had been operating the instant real estate from July 2012, and the Defendant is recognized as having paid KRW 50 million to the Plaintiff on December 20, 2016, but on the other hand, the fact that the instant lease contract was concluded between the Plaintiff and C is as seen earlier, and the purport of the entire pleadings is added to the statement of evidence Nos. 1 and 3, the Plaintiff entered into a lease agreement with D on December 30, 2015, and conducted the Defendant’s business on the instant real estate.

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