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(영문) 서울중앙지방법원 2016.11.16 2015가단5394811
건물명도
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. The plaintiffs' assertion

A. The Plaintiff A, as the owner of each real estate indicated in the separate sheet indicating the real estate (hereinafter “instant store”), leased the instant store to Plaintiff B, who is the birthee, with a deposit of KRW 200 million.

B. The Plaintiff B sublet the instant store to Defendant C without a lease deposit, and operated the entertainment room in the instant store as a partnership, and divided the profits therefrom into Plaintiff B B 6/10 and the Defendants’ 4/10. However, in the event that the instant store was operated as an illegal entertainment, the Plaintiff B subleted the instant store to Defendant C with the agreement to terminate the said sublet contract.

C. However, the Defendants controlled Plaintiff B’s access to the entertainment room and did not distribute all the profits accrued while running the business, which is the partner, and were engaged in illegal business using speculative amusement equipment.

Accordingly, on October 19, 2015, Plaintiff B expressed his intention to terminate the instant sub-lease contract on the grounds of Defendant C’s fault.

E. Therefore, Defendant C is obligated to order the instant shop to the Plaintiff seeking to order the instant shop based on ownership and the Plaintiff B seeking to order the instant shop based on the termination of the sub-lease contract. Defendant D, occupying the instant shop, is obligated to leave the instant store.

(Plaintiff B asserts that the Plaintiff’s claim for the eviction against Defendant D was made on behalf of Plaintiff A). 2. Determination

A. The key issue of this case is that Plaintiff B entered into a sub-lease contract with Defendant C on the instant store and deliver the instant store to Defendant C. However, on the premise that Defendant C’s failure to perform the obligation under the sub-lease contract was terminated due to the cause attributable to Defendant C, Defendant C filed the instant claim against the Defendants, and Defendant D provided the instant store by Plaintiff A, and Defendant D provided the instant store.

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