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(영문) 대구지방법원 2015.08.28 2014가단1598
건물명도
Text

1. The plaintiff

A. Defendant B delivers one-story 209.3 square meters and two-story 215.96 square meters among the buildings listed in the attached list;

(b) the defendant.

Reasons

1. As to the Plaintiff’s assertion, the Plaintiff entered into a lease contract with Defendant B on August 10, 201 to April 14, 2017 with the term of lease from August 10, 2010 to April 14, 2017 (hereinafter “the instant lease contract”). As to Defendant B, the lessee, in violation of Article 3 of the instant lease contract (a lessee shall not change the use or structure of the said real estate without the lessor’s consent, nor use the leased house for purposes other than the purpose of lease, and may not use the leased house for any purpose other than the purpose of lease) without the Plaintiff’s consent, on the ground that the Plaintiff used the building without permission after the instant building and sub-lease the building to Defendant C without permission. Accordingly, the Plaintiff cancelled the instant lease contract by delivery of the instant complaint, and sought delivery of the building, and the Defendant C shall move out from the instant building without any title.

Therefore, we examine the plaintiff's argument in sequence.

A. (1) As to the claim against Defendant B without the Plaintiff’s consent, according to the appraisal result of the instant building, witness D’s testimony, evidence Nos. 5-2(s) and evidence Nos. 4-2(s) of the instant building before the Plaintiff leased the instant building to Defendant B, there was a temporary building in a state in which the Plaintiff installed a tent on the rear part of the instant building on the light iron frame pipe structure before leasing the instant building (the Plaintiff used the instant building as a main auxiliary facility, such as avoiding shotling or rhing shotfling, etc.). After renting the instant building, Defendant B used the instant building, the instant building was built with the structure of the existing building, building the sand site board, walls, etc., building the roof and walls on the floor part, building the inner passage along the instant building without permission, and then installed a door adjacent to the building.

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