건물인도
1. The defendant shall be the plaintiff.
(a) deliver the real estate listed in the separate sheet;
(b) from May 15, 2014 to the annexed list.
On April 3, 2007, the Plaintiff completed the registration of ownership transfer with respect to B Nos. 102 and 1504 (hereinafter referred to as the “instant building”) in Gangdong-gu Seoul Metropolitan Government List of Attached Table Nos. 102 and 1504 (hereinafter referred to as the “instant aggregate building”).
On July 2, 2013, between the Plaintiff and C Co., Ltd. (hereinafter “C”), the term “instant lease agreement between the Plaintiff and C” is as follows: (a) up to May 14, 2014; (b) up to KRW 900 million for lease deposit; (c) KRW 35 million for an apartment; and (d) for an officetel, five million for each household; and (e) KRW 3-1 for an officetel, the term “instant lease agreement.”
(C) On November 26, 2013, C entered into a sub-lease contract with the Defendant to sub-lease 1504, 30 million won for sub-lease 1.9 million won for sub-lease 1.9 million won for sub-lease 26, 2013 to November 25, 2014, and the Plaintiff, a lessor, approved the conclusion of the said sub-lease contract on November 29, 2013. From around November 26, 2013, the Defendant may recognize the possession of 1504 up to the date of possession of 1,504 for all pleadings. [The purport of the entire pleadings is as follows: (a) the period of sub-lease 26, 2013 to November 29, 2013; (b) the Plaintiff, a lessor, has entered into the said sub-lease contract.
Judgment
Since the right of rent of the sub-lease is established on the basis of the right of lease of the sub-lease, the right of rent of the sub-lease becomes extinct on the basis of the right of lease of the sub-lease.
Therefore, the defendant is obligated to return 1504, a direct lease object to the plaintiff, a lessor, pursuant to Article 630 of the Civil Code, as the sub-lessee with the consent of the lessor.
In addition, the defendant continuously occupies 1504, even though the above lease and sub-lease have ceased to exist.