Text
1. The plaintiff's claim that the court changed in exchange is dismissed.
2. The Plaintiff’s total costs of litigation.
Reasons
1. Basic facts
A. A. Around September 25, 201, F, the husband of the Plaintiff, leased a store located in Yeongdeungpo-gu Seoul Metropolitan Government D (hereinafter “instant store”) with a lease deposit of KRW 40,00,000,000, monthly rent of KRW 4,180,000, and the lease term of KRW 24 months and operated a restaurant, and around June 25, 2012, F, the Plaintiff’s husband of the Plaintiff, leased the restaurant to the Defendant as the lessee at KRW 40,000,000 (the contract deposit of KRW 5,00,000,000, the intermediate payment of KRW 5,000,000 until July 31, 2012; the remainder payment of KRW 3,50,000,000, and the sublease period from June 29, 2012 to June 29, 2012.
The defendant paid 5,000,000 won out of the deposit on the day of the contract as down payment.
(hereinafter referred to as “instant sublease contract”). (b)
F had been in arrears for six months at the time of subletting the instant store to the Defendant, and the said store was under seizure of the house in the instant store due to the failure to pay management expenses when operating the restaurant at other places prior to the lease of the instant store.
The defendant moved into the store of this case on July 9, 2012. After moving into the store of this case, the defendant received a demand from the building administrator to clarify the building due to the overdue delay, and on July 17, 2012, the execution officer visited the building to inspect the seized objects and became aware of the seizure.
C. Around July 24, 2012, the Defendant notified F of the purport that the instant sub-lease contract will be rescinded on the grounds of the overdue overdue rent and the seizure of house, etc.
Around August 21, 2012, the Defendant removed from the instant store.
The defendant did not pay the rent up to that point. The plaintiff and the defendant disputed the issue of paying the rent upon the request of the building administrator for the payment of the rent, and the building administrator took measures to stop the business any longer by the defendant with the consent of the plaintiff, and the defendant was forced to leave.
E. The Defendant left the house used in the instant store, and Plaintiff F around July 13, 2012.