건물
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. On February 27, 2015, C entered into a lease contract with the Defendant for the lease deposit of KRW 15,00,000, KRW 1500,000 per month of rent (excluding value-added tax), and from February 27, 2015 to February 25, 2018 (hereinafter “instant lease contract”), and the said lease contract has been explicitly renewed after the expiration of the lease contract.
According to Article 3 of the lease contract of this case, the lessee shall not change the purpose or structure of the above real estate without the consent of the lessor, transfer the sub-lease, lease or offer the security, nor use it for any purpose other than the purpose of lease.
B. On March 4, 2015, the Defendant opened and operated a licensed real estate agent office with the trade name “D Licensed Real Estate Agent Office” in the instant real estate, and the written consent to use was written as of March 17, 2015 and March 24, 2015.
The letter of consent to use was prepared and given to E with consent to use of the instant real estate without compensation.
C. C sold the instant real estate to the Plaintiff on January 4, 2019, and completed the registration of ownership transfer in the future of the Plaintiff on February 1, 2019.
On January 20, 2020, the Plaintiff sent to the Defendant a certificate to the effect that “Notwithstanding the prohibition clause prohibiting the sub-lease, transfer of the right of lease, etc. under Article 3 of the instant lease without the lessor’s consent, the Plaintiff shall terminate or cancel the instant lease agreement on the basis of the fact that the Plaintiff consented to the use of the instant real estate.”
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 6, Eul evidence Nos. 1 and 5, the purport of the whole pleadings
2. The parties' assertion and judgment
A. The plaintiff asserted that the defendant sub-leases the real estate of this case to E without the consent of the lessor, and the plaintiff is the lessee as the lessor of the real estate of this case.