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(영문) 서울고등법원 2016.06.23 2015나2053535
건물명도
Text

1. The following shall be paid among the parts concerning the claim for return of unjust enrichment against Defendant A, Inc. in the judgment of the first instance.

Reasons

1. Basic facts

A. The Plaintiff entered into a lease and sub-lease contract 1) on December 28, 2012, 2012, the Korea Standards Bank Co., Ltd. (hereinafter referred to as the “Korea Standards Bank”).

) The building indicated in the separate list owned by the Defendant A is to be leased by setting the lease period of five years, and on the same day, the Defendant A sub-leaseed part of the above building as KRW 1,001,89,50 for the sub-lease deposit, KRW 5 years for the sub-lease, KRW 100,189,950 for the sub-lease, KRW 16,736,30 for each month for management expenses (excluding value-added tax), and KRW 16,736,300 for the sub-lease (hereinafter referred to as the "sub-lease contract

The key contents of the sub-lease contract of this case are as follows. The whole first floor, second floor, third floor, and fourth floor above the building of this case are the objects of sub-lease. For the purpose of use: infant goods, Switzerland, cultural center, postnatal care center, Article 10 (Transfer and Sub-lease) ① The sub-lessee may not transfer to a third party the rights under this contract, dispose of the rights of pledge, etc., or transfer the whole or part of the sub-leases without the consent of the sub-lease, or transfer the possession of the sub-leases. ① Article 23 (Right of Termination of Sub-lease) ① If the sub-lessee performs any of the following acts, the sub-lease may terminate this contract and demand the name of the sub-lease and take necessary legal procedures. On January 1, 200, the sub-lessee may not transfer or sub-lease the whole or part of the pre-leases deposit, sub-lease fees, management fees, or other expenses for sub-leases to the facilities without the consent of the sub-lessee 14 (sub-leases).

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