부동산임대차계약해지권확인의 소
1. The defendant shall deliver to the plaintiff each real estate listed in the separate sheet.
2. The costs of the lawsuit are assessed against the defendant.
3...
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings as to Gap evidence 2, 4 to 6, 8 to 10, and Eul evidence to 3 to 5, and 7 and witness C’s testimony.
The Defendant, as his father, has leased and occupied each real estate, etc. listed in the separate sheet owned by the Plaintiff (hereinafter referred to as “instant real estate”).
B. After that, when the Plaintiff donated the instant real estate from D, on January 9, 2014, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) between the Plaintiff and the Plaintiff on behalf of D, which was delegated by the Plaintiff with all authority concerning the instant real estate lease, with respect to the instant real estate as the lease deposit of KRW 12,50,000, monthly rent of KRW 1,300,000, and the period from January 9, 2014 to January 8, 2016.
According to the instant lease agreement, the lessee cannot sublet the instant real estate to a third party without the consent of the lessor, or transfer the right of lease to the third party, and if the lessee violates this, the lessor can immediately terminate the contract.
(Articles 3 and 4 of the instant lease agreement).
The instant lease agreement was implicitly renewed after the expiration of the above period.
However, around March 8, 2016, the Defendant entered into a contract with C to transfer the right to lease of the instant real estate and its internal facilities, etc. (i.e., KRW 26,000,000 (hereinafter “instant contract”) (i.e., facility cost of KRW 12,500,000). Around that time, the Defendant received the said lease deposit, etc. from C, and handed over the instant real estate to C.
E. Around April 12, 2016, D notified the Defendant of the termination of the instant lease agreement on behalf of the Plaintiff on the ground that it concluded the instant contract without the Plaintiff’s consent.
F. The defendant is above C.