점포명도 등 청구의 소
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. Facts of recognition;
A. On July 31, 201, the Plaintiff is a corporation established for the purpose of underground road shopping mall management and operation, store leasing business, etc., and according to an agreement with the F (hereinafter “F”), and the project operator, the Plaintiff, located in Jung-gu, Seoul, to install commercial convenience facilities, etc. and contribute the instant underground shopping mall to F. The Plaintiff is entrusted with the management and operation of the instant underground shopping mall by F, and exercises the right to enter into a lease agreement and to manage and operate the instant underground shopping mall.
B. On March 30, 2012, Defendant B acquired the right of lease to H and I shop from the lessee J on the part (A) of the attached Form No. 1, 2, 5, 6, and 1 of the instant underground shopping mall connected in order to each point of the instant underground shopping mall No. 1, 2, 5, 6, and 1 (hereinafter “H and I shop”), and Defendant C acquired the right of lease to H and I shop from the former lessee of the area No. 17.31 square meters of the attached Form No. 1, 2, 3, 4, 5, and 2 in the instant underground shopping mall No. 24, May 24, 2012.
According to the lease contract for H/I stores prepared between the Plaintiff and Defendant B and the lease contract for K/C stores prepared between the Plaintiff and Defendant C, the termination date of the lease contract for each of the above lease contracts is August 31, 2016, and Article 8(5) of the above lease contract stipulates that “the Defendant shall not sublease all or part of the leased object,” and Article 13(2)5 of the above lease contract stipulates that the Plaintiff may terminate the lease contract when he violates the obligation not to sublease, etc. under Article 8.
C. Since then, the Plaintiff entered into an annual renewal agreement with the Defendants on January 15, 2016, and from January 15, 2016 to January 2017, 2017, the lease deposit amount of KRW 27,080,40, annual rent of KRW 17,693,196, annual rental period of KRW 17,69, and the lease period of KRW 15,00.