significance of sublease on the leased property

The right to use part of the leased real estate, which is the property devolving upon the State, shall be subject to the investment, and a joint business contract with another person shall be concluded and made by the competent authority to use the leased real estate without the approval of the competent authority, and it shall be the cause for cancellation of the lease contract under

Articles 34 and 35 of the Act on the Disposal of Property Belonging to Jurisdiction

Attorney Kim Jae-han, Counsel for the defendant-appellant

Attorney Lee Jae-sik et al., Counsel for the plaintiff-appellant

Seoul High Court Decision 53Do20 delivered on October 28, 1952

The main body is dismissed.

The costs of appeal are assessed against the plaintiff.

The ground of appeal by the plaintiff's agent provides part of the building to the plaintiff's business place and the non-party's joint operation of restaurant business in part of the building, but the manager of the building shall be the non-party, and the ratio of sharing profits and losses to the non-party's business for 10 minutes, 10 minutes and 2 years, and the non-party's business permission to use part of the building as the place of business is a sub-lease as provided in subparagraph 2 of Article 34 of the Act on the Disposal of Property to which the non-party belongs. However, the court below's decision that the non-party's use of part of the building as the place of business is not a misunderstanding of the legal nature of the lease agreement and the non-party's use of part of the building to the non-party's business under the lease agreement is no more than the non-party's exclusive use of part of the building that the plaintiff's use of the building as the place of business is no more than the non-party's profit-sharing.

Since the association agreement and lease agreement differ in legal nature, or Article 34 of the Act on the Disposal of Property Belonging to the State prohibits the sub-lease of leased real estate without the approval of the government, and the law which, regardless of its title, prohibits the lessee from using the whole or part of leased real estate by allowing any other person to use it, and it is clear that the lessee would be able to benefit from the management or disposal of the leased real estate, as the lessee would be able to use the whole or part of the leased real estate for the benefit of the management or disposal of the leased real estate, it is clear that the lessee would be able to use the whole or part of the leased real estate by allowing any other person to use it. Therefore, the judgment of the court below, like this, cannot be adopted as a view that the sub-lease of the Article 401, Article 89, Article 95, of the Civil Procedure Act shall be applied to the decision of the court below as stated in the Disposition.

Justices Kim Byung-ro (Presiding Justice)