(영문) 서울중앙지방법원 2020.07.09 2019가단5194002

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(영문) 서울중앙지방법원 2020.07.09 2019가단5194002

건물명도(인도)

Text

1. The defendant shall be the plaintiff.

(a) order the buildings listed in the separate sheet;

(b) KRW 5,600,000 and as regards it, August 2019.

Reasons

1. Facts of recognition;

A. On July 30, 2018, the Plaintiff (the Plaintiff, regardless of whether it was before or after the change: D; hereinafter the same shall apply) entered into a lease agreement with E, the owner of the building listed in the separate sheet (hereinafter referred to as “instant building”) setting the lease deposit amount of KRW 10,000,000, monthly rent of KRW 1,650,000, and the lease term of KRW 1,650,000, from July 30, 2018 to July 29, 2020.

B. After obtaining the consent of the lessor on February 11, 2019, the Plaintiff entered into a sublease contract with the Defendant with the effect that the instant building was sub-leased KRW 2,650,00, monthly subleased, KRW 2,650,00 (payment on February 20), KRW 100,00 (payment on February 20, 201), management expenses monthly, and KRW 100,00 (payment on February 20, 201), and the sublease period from February 20, 2019 to May 19, 2019 (hereinafter “sub-lease contract”). At that time, the Defendant paid the Plaintiff KRW 2,650,00.

C. The terms and conditions of the instant sub-lease agreement include that the instant sub-lease agreement shall be terminated in the event that the monthly rent is overdue for 15 days or more, and that the sub-lease shall pay the penalty. In this case, the management company may have access to the premises for the management of the object.

Even after the period of sub-lease under the instant sub-lease contract expires, the Defendant, while continuously occupying and using the instant building from May 20, 2019 to August 19, 2019, failed to pay 8,250,000 won [2,650,000 won for monthly sublease and monthly management expenses (3 months x 3 months)] of the aggregate of monthly sublease and monthly management expenses for three months from May 20, 2019 to August 19, and thereafter, continuously occupying and using the instant building until the closing date of argument.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the sub-lease contract of this case is delayed due to the defendant's delinquency in the sub-lease.

유사 판례

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