(영문) 서울중앙지방법원 2017.12.15 2017나36658

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(영문) 서울중앙지방법원 2017.12.15 2017나36658

건물명도

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1.The judgment of the first instance shall be modified as follows:

Among the instant lawsuits, the attached list from December 2, 2017 to December 2.

Reasons

1. Basic facts

A. On April 29, 2002, the Plaintiff entered into a store lease agreement (hereinafter referred to as “instant lease agreement”) with regard to the contract period from April 29, 2002 to April 28, 2017 with respect to B and subway 1 C, 154-04 square meters (3.78 square meters, simple store stores: 3.78 square meters), the contract amount shall be 39,390,840 won in total for three years, and the contract amount shall be 39,390,840 won in total, and the result shall be adjusted every three years, and the lease deposit shall be 19,70,000 won in total, and monthly rent shall be 1,093,400 won in total, and shall be adjusted every three years (hereinafter referred to as “instant lease agreement”).

The main contents are as follows:

Article 9 (Treatment of Rental Deposit) The rental deposit deposited in the Plaintiff shall be disposed of as follows:

1. Where a contract is terminated due to the termination, termination, or any other cause of the lease period, the Plaintiff shall refund the deposit to the lessee within one month after the lessee has ordered the leased object;

Provided, That this shall not apply where the repayment period has been exceeded due to reasons attributable to the lessee.

In such cases, the plaintiff shall refund the balance after deducting the unpaid amount of rents, management expenses, etc. payable by the tenant.

Article 13 (Change of Name)

1. A lessee may change the name of a third party only once with the written approval of the plaintiff;

2. The contract period of a third person to whom the change of name is made shall be the remainder of the contract period of a lessee;

4. The rights and duties of the lessee shall be succeeded by a third person who has undergone a change of name.

Article 14 (Prohibition of Assignment of Right of Lease and Sub-lease)

1. A lessee shall not transfer, sublease, or guarantee the rental deposit deposited with a third party without a prior approval from the lessor in writing, under any pretext, nor shall he/she delegate or operate his/her business;

2. If the cause of paragraph (1) arises without the written approval of the Plaintiff, the Plaintiff unilaterally terminates the contract and the lessee’s rent out of the rental deposit.

유사 판례

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-서울중앙지방법원 2015.06.10 2014가단113652

-서울북부지방법원 2018.07.19 2017가단125068

-서울중앙지방법원 2018.06.20 2017가합528016

-서울중앙지방법원 2016.01.22 2015가합530473