(영문) 부산지방법원 2015.10.15 2014가단88914

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(영문) 부산지방법원 2015.10.15 2014가단88914

건물명도 등

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1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. Facts of recognition;

A. On December 20, 2010, the Plaintiff entered into a sublease contract with the Defendant on July 29, 2012, under which the said real estate was leased by C, the owner of the said real estate (the first floor bath, the third floor housing, and the instant real estate (hereinafter “instant real estate”) and operated a bath. On July 29, 2012, the Plaintiff entered into a sublease contract with the Defendant for a deposit of KRW 20 million, monthly rent of KRW 1,00,000, monthly rent of KRW 1,000, and the contract period of the said real estate for a two-year period.

B. Since September 6, 2012, the Plaintiff and the Defendant increased the deposit to KRW 25,00,000, and reduced the monthly rent to KRW 850,000 (the Defendant has reduced to KRW 500,000, but there is no evidence to acknowledge it), and the contract period shall be two years from that time, but if the lessee wishes to terminate the sub-lease contract after the lapse of two years, the sub-lease agreement was made by oral agreement that changes to the termination of the sub-lease agreement if the sub-lease notified 20 days prior to the termination of the sub-lease agreement.

(hereinafter “instant sublease contract”). The Defendant directly paid 13,00,000 won out of the deposit to the Plaintiff, and the remainder of 12,000,000 won was processed by the method of paying the Plaintiff’s unpaid public charges and the director’s expenses to the existing tenants of the third floor of the instant real estate in lieu of the Plaintiff’s delinquency in payment.

C. On September 6, 2014, when the period of sublease has expired as the Defendant did not pay monthly rent to the Plaintiff, the Defendant issued a written statement to the Plaintiff on September 6, 2014, stating that “The Defendant shall deliver the instant real estate to the Plaintiff on the expiration of the period of sublease, but if the Plaintiff operates the instant real estate without any terms and conditions of the contract, the Plaintiff shall be ordered to make a notification 20 days prior to the expiration of the period of the contract, and the changes in the facilities shall be restored to the original state at the Defendant’s expense, and all responsibility shall be borne by

On October 17, 2014, the Plaintiff sent to the Defendant a certificate of content demanding the delivery of the instant real estate, while the instant sub-lease contract was terminated.

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