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(영문) 서울중앙지방법원 2016.07.08 2016나18943

부동산인도등

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. The entire management body of the building on land B and seven parcels (hereinafter “instant building”) in Jung-gu Seoul, Jung-gu, and the entire management body is No. 1.

The 1, 2, and 5, and 6 floors underground (hereinafter “the sub-lease object of this case”) of the instant building were leased to the Stiti Co., Ltd. (hereinafter “Sti”)

(B) A lease agreement with the entire management body of the instant building, which is the lease contract with the width, is “the instant integrated lease agreement” (hereinafter “instant integrated lease agreement”).

Defendant’s proposal on August 17, 2011

The defendant is the defendant's proposal between Esti and Esti.

After concluding a provisional contract from Esti to transfer the subject matter of the instant sub-lease, the first contract was concluded on December 29, 201.

C. However, it is proposed according to the first contract.

It is not complied with the conditions to be fulfilled by the Stiti.

On December 14, 2012, E.S. entered into a second contract to modify or modify the first sub-lease contract (hereinafter “instant sub-lease contract”).

The main contents of the sub-lease contract of this case are as follows.

Article 11 [Special Provisions on the Payment of Sublease Deposits, Rent Deposits, and General Management Expenses by Connection with Other Contracts] (1)

In addition to the sub-lease contract in this case, the defendant agrees to enter into a lease agreement between all sectional owners on each floor of the sub-lease object or with a person delegated by the sectional owners on each floor of the sub-lease object and a person entrusted by each floor.

2. In this case:

Isopti agrees to pay directly to the contractor by each floor as follows, the Defendant has agreed to pay the sub-lease deposit, the rent, and the general management expenses:

This shall be directly collected from the Defendant only for the amount excluding the amount paid directly by the Defendant to the contractor on each floor in the deposit, rent, and management expenses for the sublease as stipulated in the instant sub-lease contract.

(unit: the principal, the former and the management expenses shall be imposed separately) the payee's deposit.