beta
(영문) 부산지방법원 2016.11.10 2016가단6237

건물명도 등

Text

1. The defendant is based on Section 1, 2, 3, 4, 5, 6, 1 among the first floor of the building listed in the attached list to the plaintiff.

Reasons

1. Facts of recognition;

A. Since October 201, C Co., Ltd. (hereinafter “C”) leased the same from the owner of the first floor of the commercial building listed in the separate sheet (hereinafter “instant commercial building”) prior to October 201, and around October 23, 2014, the leased amounting to KRW 100 million from D, E, the owner of which was KRW 8,500,000.

B. On October 1, 201, the Defendant: (a) transferred the portion inside the instant commercial building, which connects each point of Section 1,2, 33, 44, 5, 66, and 1 to Section 26.59 square meters in the ship (hereinafter “instant store”); and (b) on the other hand, C did not notify the Defendant of refusing or changing the terms or conditions of the renewal of the sub-lease contract even after the expiration of the sub-lease contract.

C. From October 23, 2014, the Plaintiff acquired the right to lease, facilities, etc. on the instant commercial building from C to 50,000,000, and based on the same day, the Plaintiff newly concluded a lease agreement with D and E as leasing KRW 100,000 per month of lease deposit and rent of KRW 8,50,000 based on the lease term of 24 months.

In other words, on January 1, 2015, the Plaintiff revised the lease agreement by leasing the instant commercial building in KRW 100 million, monthly rent of KRW 5,500,00 with the lease term of 24 months from D and E.

E. On June 12, 2015, the Plaintiff refused to renew the sub-lease contract to the Defendant. As such, on August 12, 2015, the Plaintiff notified the Plaintiff that the instant store should be transferred to the Plaintiff by August 12, 2015, and the said notification was delivered to the Defendant around that time.

F. Accordingly, on June 16, 2015, the Defendant had not yet expired the sub-lease period of the instant store to the Plaintiff, and the sub-lease period between five years under the Commercial Building Lease Protection Act.