(영문) 서울중앙지방법원 2018.07.06 2017가단5159371



1. The defendant

(a) deliver the real estate listed in the separate sheet;

B. As from October 5, 2017, KRW 4,980,00 and the above.


1. Facts of recognition;

A. On April 5, 2013, the Plaintiff entered into a lease agreement with Nonparty 1 for the lease deposit of KRW 21 million, monthly rent of KRW 1.5 million (excluding value-added tax), and for the lease period from April 5, 2013 to April 4, 2015.

B. Meanwhile, the Plaintiff paid KRW 52 million to the previous lessee of the commercial building of this case as the premium, and paid KRW 2 million to the introduction fee.

C. The Defendant, despite wanting to operate an entertainment tavern in the instant commercial building, did not have funds, decided to sublease the instant commercial building to the Defendant. The Plaintiff, calculated by the ratio of 2% per month to the total amount used by the Plaintiff to take over the right to lease of the instant commercial building, and determined the rent of 1.65 million won to sublease the said lease contract.

On February 3, 2017, the Plaintiff entered into a lease agreement (hereinafter “instant transfer agreement”) with the Defendant to transfer the right to lease of commercial buildings in this case (hereinafter “the right to lease”) and the content thereof are as follows.

1. The Defendant shall pay to the Plaintiff KRW 40 million by September 30, 2018 in monthly installments.

A payment shall be at least two million won per month.

2. The defendant shall pay the monthly rent directly to the lessor of the building, separate from the payment under paragraph (1).

3. Upon completion of the above paragraphs 1 and 2 above, this contract shall also be concluded, and the plaintiff shall transfer all the rights of lease to the defendant and also terminate the right of collateral security.

4. In the event that the payment under the above paragraph (1) or (2) is not paid twice or more, the plaintiff may cancel the contract. In this case, the defendant shall inform the plaintiff of the main article.

E. After that, the Defendant did not pay to the Plaintiff money that the Plaintiff agreed to pay in full after paying the Plaintiff the amount of KRW 2 million on March 4, 2017 and the amount of KRW 2 million on April 3, 2017. The rent that the Plaintiff would pay to the lessor from July 2017 to July 2017.