(영문) 인천지방법원 2017.01.11 2016가단38886

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(영문) 인천지방법원 2017.01.11 2016가단38886

건물명도등

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1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.

2. The costs of lawsuit shall be borne by each person;

3...

Reasons

1. The parties' assertion that the plaintiff leased the real estate listed in the separate sheet (hereinafter "the ground of this case") to Defendant B for the purpose of office. However, Defendant B subleted the ground of this case to Defendant C without permission and used it for a church for purposes other than the purpose of lease, and thus the above lease contract is terminated. Thus, the Defendants asserted that they are obligated to deliver the ground of this case to the plaintiff. The Defendants asserted that Defendant C leased the ground of this case to the plaintiff by using it as a church, and that it is not sub-lease or change of use.

2. Comprehensively taking account of the written evidence Nos. 1 and 2 as well as witness D’s testimony, the Plaintiff leased the instant underground room, which was used as a warehouse, to Defendant B on December 29, 2015, by setting the deposit amount of KRW 5 million, monthly rent of KRW 300,000,000, and the term of lease from February 16, 2016 to February 16, 2018. Defendant B did not sublet the instant underground room without the Plaintiff’s consent, and agreed not to use it for any purpose other than the purpose of lease. At the time of the said lease, only the Plaintiff, Defendant, real estate agent, and real estate agent D were present, and Defendant C was operating the beauty room at the time, and Defendant C used the instant underground room as a church as Defendant C.

It is insufficient to recognize that Defendant B agreed to use the instant building as a church at the time of the said lease in light of the following: (a) the fact that the above recognition was stated in the above-mentioned lease agreement (Evidence No. 2); (b) the witness D’s testimony did not directly confirm that the instant underground room was used as a church; (c) the Defendant B’s occupation, etc.; and (d) the testimony of the witness D was insufficient to recognize that Defendant B agreed to use the instant building as a church at the time of the said lease.

Therefore, Defendant B sublets Defendant C without permission.

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