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(영문) 의정부지방법원고양지원 2015.09.18 2015가단79716
건물명도
Text

1. Defendant B: The Plaintiff

A. The attached Form No. 1,2,15,9,10,14.

Reasons

Comprehensively taking account of the purport of each statement in evidence Nos. 1 through 8, the Plaintiff, as the owner of the real estate listed in the separate sheet, concluded a lease agreement with the Defendant on May 12, 2014, setting the lease deposit of KRW 30,000, monthly rent of KRW 3,600,00 (excluding value-added tax), and the period from June 9, 2014 to June 8, 2016. However, without the Plaintiff’s consent, the Plaintiff subletd the instant real estate L, E, and the instant real estate to Defendant C and D, and delayed payment of rent of KRW 24,150,260 until March 31, 2015, and the Plaintiff sent the instant lease agreement to the Defendant on the ground that the lease agreement was terminated on April 3, 2015.

According to the above facts, since the lease contract of this case was lawfully terminated by the Plaintiff’s declaration of intention of termination, Defendant B is obligated to deliver the real estate of this case to the Plaintiff and return the rent of 32,070,260 won in arrears until May 31, 2015 and the rent of 32,070,260 won in arrears from April 1, 2015 to May 31, 2015 (24,150,260 won in rent of 3,60,000 x 360,000 won in value-added tax of 2 months x 360,000 won in value-added tax of 2 months x 2 months x 360,00 won in arrears, and to return the rent of 30,000 won in arrears from June 1, 2015 to the date of completion of value-added tax (2 months).

On the other hand, as long as the lease contract between the plaintiff and the defendant B is terminated, the defendant C and D cannot assert the validity of the sub-lease to the plaintiff. Accordingly, the above defendants are obligated to deliver the part among the real estate of this case to the plaintiff.

Thus, the claim of this case is accepted within the scope of the above recognition, and is remaining.

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