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Reasons
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(영문) 인천지방법원 2015.07.21 2014가합59237
건물명도
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1. The Plaintiff:

A. Defendant A Co., Ltd. shall have the second floor of 2,054.9 square meters on the ground and the third floor of 2,174.28 square meters on the ground among the buildings listed in the attached list.

Reasons

1. Basic facts

A. On December 28, 2012, the Plaintiff: (a) decided to lease the buildings listed in the separate list owned by the Korea Standards Bank (hereinafter “SP”) from the Korea Standards Bank (hereinafter “SP”); and (b) on the same day, the Plaintiff sublet the said building to the Defendant A Co., Ltd. (hereinafter “Defendant A”) at the 1,001,89,50 won of the sublease deposit; (c) five years of sublease deposit; (d) five years of sublease deposit; (e) five years of sublease deposit; (e) management fee; (e) 16,736,30 won per month; (e) management fee; and (e) KRW 16,736,300 per month (excluding value-added tax); and (e) the outlines of the sub-lease contract of this case are as follows.

Article 1 (Indication of Objects) The whole of the first floor, the second floor, the third floor, and the fourth floor on the ground of sales facilities of the building in this case shall be the object to be sub-leased.

For use: A lessee is prohibited from transferring to a third party the rights under this Agreement, such as the transfer of pledge, or all or some of the sub-leases, or transferring possession of the sub-leases without the consent of the sub-lease.

Article 23 (Right of Termination of Contract by Sub-lease) (1) If a sub-lessee has committed an act falling under any of the following subparagraphs, the sub-lease may terminate this contract without a peremptory notice, demand the explanation of the sub-lease, and take necessary legal procedures:

1. If a lessee has failed to pay the deposit for sub-lease, rent for sub-lease, management expenses or other expenses for sub-lease for not less than two months from the respective date of payment, the sub-lease may neither transfer the rights and obligations under the sub-lease contract to a third party nor sub-lease the whole or part of the object of sub-lease without a prior consent of the sub-lease;

Provided, That for postnatal care centers, infants, and facilities related to infants among the sub-leases, part of the subject matter of sub-lease may be transferred in consultation with the sub-leases.

B. Subsequent, this case.

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