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(영문) 서울중앙지방법원 2016.05.20 2015가단5295136
건물명도
Text

1. The defendant is paid KRW 27,132,00 from the plaintiff and at the same time, among the third floor of the building indicated in the attached Table to the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a lease agreement with C Co., Ltd. (hereinafter referred to as “C”) with respect to the size of 121 square meters inside a ship (hereinafter referred to as “instant building”) that connects each point of C, B, C, D, E, and D among the three floors of the building listed in the separate sheet, and extended the contract every one year on a yearly basis. A lease agreement was concluded between 23,200,000 won as deposit money, monthly rent of KRW 605,00 (including additional tax), and between March 1, 2014 and February 28, 2015.

(hereinafter “instant lease agreement”). B.

According to the instant lease agreement, the Plaintiff cannot transfer the right of lease or sublet the store without prior approval of C, and cannot perform delegated management.

C. However, on January 4, 2013, without C’s prior consent or consent, the Plaintiff concluded a sublease contract with respect to the instant building by setting the deposit of KRW 30,000,000, monthly rent of KRW 800,000, and the sublease period from January 7, 2013 to January 6, 2015, the Plaintiff agreed to pay KRW 605,000 and the management fees of KRW 351,00,00, which the Plaintiff paid to C under the instant lease agreement, in addition to the said monthly rent.

(hereinafter “instant sub-lease contract”). D.

C around December 2014, upon providing the Plaintiff with the guidance for renewal of the contract according to the maturity of the instant lease agreement, notified the Plaintiff that “a lessee must manage directly, and a sub-lease cannot be concluded again.”

C around January 15, 2015, around February 28, 2015, the Plaintiff notified the Plaintiff that the instant lease contract will terminate on February 28, 2015, and that it will return the store immediately after the contract term expires.

E. From January 2016 to March 2016, the Defendant paid a total of KRW 956,000 for monthly rent and management expenses to be paid on behalf of the Plaintiff to C, but refused to receive them and received them again. Accordingly, the Plaintiff directly paid the rent and management expenses from January 2016 to March 2016.

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