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Reasons
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(영문) 의정부지방법원고양지원 2020.01.10 2018가합1544
건물인도등
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1. The Plaintiff:

A. The Defendants deliver each real estate listed in the separate sheet No. 1;

B. Defendant B is charged with KRW 36,000,000.

Reasons

1. Basic facts

A. On January 5, 2017, the Plaintiff entered into a lease agreement with Defendant B with regard to each of the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”), which is one of the site and facilities of the gas station, (i) KRW 20,000,000, KRW 2,000,000 (in addition to value-added tax, payment on the last day of each month), and the lease agreement with January 1, 2017 to December 31, 2018 (hereinafter “instant lease agreement”).

B. In concluding the instant lease agreement, the Plaintiff and Defendant B agreed that the lessee may not sublet all or part of the leased object without a prior approval of the lessor, and that the instant lease agreement may be terminated if the lessor did not correct it within seven days despite the lessor’s demand for correction, and that the lessor may terminate the instant lease agreement even if the lessee did not pay the monthly rent for at least two months in arrears.

C. After that, Defendant B subleaseed the instant real estate to Defendant C and D without the Plaintiff’s prior approval, and did not pay the Plaintiff the rent from June 1, 2017.

As the Plaintiff violated the prohibition of sub-lease on March 3, 2017, the Plaintiff sent to Defendant B a certificate of the purport that the instant lease contract will be terminated if it is not corrected within one week. On July 17, 2018, the Plaintiff sent a certificate of the content that the instant lease contract will be terminated on the grounds of the unauthorized electric power plant and the rent-free vehicle, and each of the above content certification reached Defendant B around that time.

[Ground of Recognition] Defendant B: Evidence No. 1, Evidence No. 2-1 to 3, Defendant C, Defendant C, and Defendant D: Confession

2. Determination

A. According to the facts of the determination as to the claim against Defendant B, the instant lease agreement was lawfully terminated on the grounds of Defendant B’s unauthorized transfer and rent delay around July 17, 2018, and thus, Defendant B is obligated to deliver the instant real estate to the Plaintiff, and the rent and rent equivalent thereto.

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