beta
(영문) 서울고등법원 2016.12.21 2015나2046124

건물명도

Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be principal lawsuit and counterclaim.

Reasons

1. Basic facts

A. On July 1, 2010, the Plaintiff leased the portion of 464.83 square meters out of the five floors of the said real estate from Ltainererer’s Partners Korea, the owner of the real estate indicated “one consent” in the attached list as of July 1, 2010.

나. 제1차 전대차계약 체결 ⑴ 피고는 2012. 4. 1.경부터 F라는 상호로 사업자등록을 마치고 수입의류 판매 도소매업을 하여 오던 중 2014. 1.경 기존에 운영하던 점포에서 퇴거하여야 할 사정이 생기자 새로운 점포를 물색하기 시작하였고, 2014. 1. 7.경 원고와 사이에 원고의 임차 부분 중 별지 도면 표시 1, 2, 3, 4, 1의 각 점을 순차로 연결한 선내 ㈎부분 83㎡(이하 ‘이 사건 점포’라 한다)를 전차하기로 하는 협상을 하다가 이 사건 점포를 전차하기로 결정하였다.

D. Accordingly, between the Plaintiff on February 5, 2014, the Defendant: (a) between the Plaintiff and the Plaintiff, the Defendant set the instant store from the Plaintiff a sub-lease deposit of KRW 50 million; (b) monthly sublease of KRW 500,000 (excluding value-added tax); (c) the period from February 20, 2014 to June 30, 2017; and (d) the type of business “incomes and miscellaneouss”; and (c) the first sub-lease contract (hereinafter referred to as the “first sub-lease contract”).

Around that time, the Plaintiff paid KRW 50,000,000 to the sub-lease deposit.

C. (i) On February 7, 2014, the Plaintiff was urged by the managing company of the instant store to contact that it may not sell clothes because the use of the instant store was limited to drinking beverages, and on February 8, 2014, the Plaintiff prepared a letter of commitment stating that “the Defendant will change the instant store to food service prior to September 2015,” and received a seal from the Defendant on the said letter of commitment.

Sheet the Plaintiff, after the instant store’s head office, had a contact that the use of the instant store was limited to drinking beverages, and thus, it is impossible to hold a clothing store.