The case holding that Article 629 of the Civil Act was erroneous in the legal principles

As long as a lessee subleases the object without the consent of the lessor, the lessor can terminate the contract even if there is no special circumstance that it is the lessee's act of good faith.

Article 629 of the Civil Act

Korea

Defendant

Incheon support in the first instance court, Seoul Civil History District Court Decision 70Na637 decided October 15, 1971

The judgment of the court below is reversed, and the case is remanded to Seoul Civil Procedure District Court Panel Division.

We examine the grounds of appeal by the plaintiff performer.

The court below held as follows. In other words, even if a defective tenant sub-leases a leased object without the consent of the tenant, if there is a special circumstance that is not sufficient to recognize it as an act of worship to the tenant, it is reasonable to say that the lessee does not have the right to cancel the lease contract on the ground of the rent without the consent of the tenant. However, according to the provisions of Article 629(1) of the Civil Act, the tenant may not sub-lease the leased object without the consent of the tenant, and pursuant to the provisions of Article 629(2) of the Civil Act, the tenant may terminate the contract if the tenant violates the provisions of the preceding paragraph, and the above judgment of the court below is deemed to be erroneous in the misapprehension of the legal principles of Article 629 of the Civil Act and without permission, and shall not be dismissed. The remaining grounds for appeal are justified, and the judgment of the court below is reversed, and the case shall be remanded to the collegiate division of the Seoul Civil District Court.

This decision is consistent with the opinions of the involved judges.

The presiding judge of the Supreme Court (Presiding Judge)