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(영문) 서울남부지방법원 2015.10.27 2015가단27884
건물인도
Text

1. The defendant shall be the plaintiff.

A. On board (A.) connects each point in the attached Form No. 1, 2, 3, 4, and 1 in sequence (a.

Reasons

1. Facts of recognition;

A. On February 16, 201, the Plaintiff leased a lease deposit with the Defendant for KRW 25,00,000, monthly rent of KRW 600,00, and the lease period of KRW 600,00, from March 16, 2011 to March 15, 2013, with respect to the first floor retail store (hereinafter “instant real estate”) among the housing of the third floor neighborhood living facilities of the Yangcheon-gu Seoul Metropolitan Government ground reinforced concrete structure and business roof roof, which is owned by the Defendant.

(hereinafter “instant lease agreement”). B.

After the conclusion of the instant lease agreement, the Defendant paid KRW 25,000,000 to the Plaintiff and occupied and used the instant real estate.

C. On March 2013, the Plaintiff and the Defendant agreed to extend the instant lease agreement from March 16, 2013 to March 15, 2015.

On January 29, 2015 and February 7, 2015, the Plaintiff submitted a revised lease agreement to the Defendant with the effect that the monthly rent of KRW 30,000,000 shall be increased to KRW 700,000,000. On March 5, 2015, the Plaintiff sent the same revised proposal to the Defendant by mail verifying the content thereof on three occasions on March 5, 2015, March 27, 2015, and April 13, 2015, and the Defendant did not respond to this.

E. According to the instant lease agreement, the Defendant, a lessee, is prohibited from transferring the right of lease or sub-lease without the consent of the Plaintiff, who is a lessor, and, if violating this, the Plaintiff, a lessor, can immediately terminate the instant lease agreement (Articles 3 and 4 of the instant lease agreement). Since before May 2015, the Defendant sub-leased part of the instant real estate to D without the consent of the Plaintiff.

The defendant asserts that the plaintiff consented to the sub-lease, but there is no evidence to acknowledge it, and there is no special circumstance that the plaintiff consents to the sub-lease of the defendant.

On May 7, 2015, the plaintiff sent the notice of termination of the instant lease contract to the defendant by content-certified mail.

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