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(영문) 의정부지방법원 2015.11.12 2014가합51036
건물명도
Text

1. The Plaintiff:

A. Defendant B delivers the third floor of 601.82 square meters among the buildings listed in the attached list;

(b) from August 18, 2015.

Reasons

1. Presumed factual basis

A. The Plaintiff is a clan that is comprised of descendants of E 11 years of age as a joint ancestor and owns buildings listed in the attached list.

B. On June 201, the Plaintiff entered into a lease agreement with Defendant B on a set of KRW 1,50,000 per month for rent and KRW 36 months for the three-story 601.82 square meters (hereinafter “instant building”) from among the buildings listed in the attached Table to Defendant B (hereinafter “instant lease agreement”), and delivered the instant building to the said G on July 1, 201.

G around August 2013, without the Plaintiff’s consent, transferred the right of lease under the instant lease agreement to Defendant B and delivered the instant building. Defendant B, from that time, occupied and used the instant building by paying the instant building to the account in the name of the Plaintiff (FF and H H A).

The Plaintiff expressed his/her intent to terminate the instant lease agreement on the ground that G transferred the instant lease right to Defendant B without the Plaintiff’s consent from the preparatory document dated August 15, 2015.

The legal brief was served on Defendant B on August 17, 2015, and reached G through Defendant B around that time.

C. On March 25, 2012, H representing the Plaintiff in part C entered into a lease agreement with Defendant C on a lease agreement with the term of KRW 20,000,000, monthly rent of KRW 200,000, monthly rent of KRW 200,000, and the term of lease of KRW 2 years with regard to the 4th floor of the building indicated in the attached Table, among the buildings indicated in the attached Table, and around that time the said building was handed over to Defendant C.

[Reasons for Recognition] Defendant B: A without dispute, Gap evidence 5, Eul evidence 4 and 6, defendant C to the purport of the whole pleadings: Article 208(3)3 of the Civil Procedure Act (by service by public notice)

2. Judgment on Defendant B’s main defense of safety

A. The instant lawsuit filed by Defendant B’s main defense of this case by a person who has no power of representation due to the termination of the authority of the acting director, and the ordinary general meeting dated November 10, 2013 and December 21, 2014.

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