(영문) 서울서부지방법원 2017.04.20 2016가합36317

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(영문) 서울서부지방법원 2017.04.20 2016가합36317

임차권존재확인등

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1. The plaintiff's primary and conjunctive claims are dismissed, respectively.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 28, 2004, F, the father of the Plaintiff, determined the lease deposit amount of KRW 78,761,00, monthly rent of KRW 787,000 (hereinafter “instant lease contract”) from the Defendant as the five-story E stores located in Yongsan-gu Seoul and D, and KRW 79,47.94 square meters (hereinafter “instant store”). From October 7, 2004, the Plaintiff leased the instant store located in the instant store for fifteen (15) years from the lease lease date.

B. On April 7, 2006, F subleased the instant store to G. On August 21, 2014, the Plaintiff transferred the right of lease to the Plaintiff. On August 27, 2014, F submitted an application for approval on the transfer of the right of lease to the Defendant on August 27, 2014, accompanied by a letter of confirmation under the name of the Plaintiff stating that “The instant store is acquired from F, and it is confirmed that F will succeed to all the facts and legal acts related to the application for the instant contract,” and accompanied by a letter of settlement of termination of contract, lease, agreement, agreement on use and delegation agreement, and agreement on delegation, and a certified copy and abstract of resident registration.”

C. On March 26, 2015, F prepared a written confirmation (hereinafter “instant written confirmation”) between the Defendant and the Plaintiff on behalf of the Plaintiff (However, “W” was indicated) as follows.

1. The lessee recognizes the reason for refusing to approve the sub-lease with the lessor (the Defendant) with respect to the conclusion of the sub-lease contract currently in consultation, and the deferment or cancellation of the sub-lease contract with the lessee who is in consultation.

2. According to the rejection of the approval of sub-lease 1 above, the lessor is responsible until April 30, 2015 to arrange the sub-lease to sell the leased property under the name of the lessee (the instant store) and arrange for the sale of the leased property.

Terms and conditions of sub-lease contract: Rent and management expenses that the lessee should pay monthly to the lessor.

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