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(영문) 대구지방법원 2019.06.13 2019가단104461
건물명도(인도)
Text

1. The Plaintiff:

A. The Defendants deliver the real estate listed in the separate sheet;

B. Defendant B, (1) 2.4 million won.

Reasons

1. Facts of recognition;

A. The Plaintiff and Defendant B’s lease contract (1) is the owner of the building indicated in the separate sheet (hereinafter “instant building”).

(2) Defendant B entered into a contract with the Plaintiff to rent the instant building at KRW 5 million from April 20, 2018 to April 19, 2020, and KRW 600,000 from April 20, 2018.

[Defendant B is an employee of the actual lessee D, but the fact that Defendant B voluntarily affixed a seal on the lessee’s column on the “Real Estate (Evidence A(Evidence A2)” is recognized. Thus, he can be recognized as a lessee.

A person shall be appointed.

B. Defendant B and Defendant C’s sub-lease contract (1) without the Plaintiff’s consent, Defendant B transferred the right to lease of the instant building to Defendant C around August 2018.

(2) Defendant C occupies the instant building.

C. The Plaintiff’s termination of the lease (1) Defendant B did not pay the Plaintiff rent from September 20, 2018.

(2) The Plaintiff stated in the complaint the intent to terminate the lease of this case on the ground of unpaid rent and unauthorized transfer of the right of lease.

The defendant was served with a complaint on February 28, 2019.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 5, the purport of the whole pleadings

2. Claim against the defendant B

A. If the lessee, without the consent of the lessor, transfers the right of lease or delays the rent for at least three (3) periods, the lessor may terminate the contract.

(Article 629 of the Civil Act and Article 10-8 of the Commercial Building Lease Protection Act). According to the facts recognized above, the Plaintiff’s declaration of termination was in contact with Defendant B, and thus, the instant building lease contract was terminated.

Defendant B’s act of having Defendant C, without title, possess the instant building, constitutes a tort (which leads to the assertion that it is an unjust enrichment).

B. In conclusion, Defendant B delivered the instant building to the Plaintiff, and ② from September 20, 2018 to January 19, 2019, the sum of the unpaid rent was KRW 2.4 million and the date of payment thereafter.

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