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(영문) 인천지방법원 2016.06.03 2015가합56396
임대차계약 유효확인 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a company that owns the shopping mall of Yeonsu-gu Incheon Metropolitan City C (hereinafter “instant shopping mall”) and operates a leasing business. The Plaintiff is a company that leases real estate in the attached Form (hereinafter “instant shopping mall”) from the Defendant, which is part of the third floor of the said shopping mall, from the Defendant, and sublets the business by subleting it to sick, medical, and pharmacy operators.

B. Around 2010, the Defendant actively recommended the Plaintiff to establish a medical center in the shopping mall of this case, such as sick Workers, etc., in order to attract medical facilities within the shopping mall of this case.

On November 14, 2011, the Plaintiff entered into a lease agreement with the Defendant to lease the instant commercial building as KRW 300 million, monthly rent of KRW 11 million, lease term from August 24, 2012 to August 23, 2022 (hereinafter “instant lease agreement”). From August 24, 2012, the Plaintiff concluded a lease agreement with the Defendant to designate and lease the instant commercial building as a lease deposit fee of KRW 30 million, 11 million, 2000, 2000 from August 23, 2012.

C. The Defendant, while entering into the instant lease agreement, prepared a comprehensive consent to sublease (the date of preparation is indicated as November 10, 201) within the meaning of the instant commercial building, and the Plaintiff entered into a sublease agreement with the operators of the instant commercial building from December 2, 201 to September 201.

On April 9, 2014, the Defendant notified the Plaintiff that he would terminate the instant lease agreement pursuant to Article 31(1) of the instant lease agreement.

The contents of Article 31 of the instant lease agreement are as follows.

(1) Notwithstanding the provisions of Article 29, the defendant may terminate this contract at will prior to the six-month period by means of a prior written notice.

(2) Notwithstanding Article 30, the Plaintiff may terminate the contract arbitrarily through a prior written notice prior to three months.

(iii).

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