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1. The Plaintiff:
A. Defendant B: (a) deliver 101 floor 101 and 105 units of the building in Ansan-si E-gu; and (b) deliver 6,36 units.
Reasons
1. On October 14, 2014, the Plaintiff asserted that the instant building was leased to Defendant B on the monthly rent of KRW 1.3 million. The Defendants leased the instant building without permission between the Defendants, and the Defendants did not pay a total of twice the overdue charge, and the overdue charge amounted to KRW 3,476,010 from September 2015 to May 2016. Thus, the lease is terminated due to the foregoing reason, the Defendants jointly and severally return the object, and the Defendants should pay a monthly rent and management fee and management fee by the delivery date.
2. Determination
(a) Whether a sub-lease is made without permission for termination of the lease;
The Defendants are aware of the fact that Defendant D actually operated the business of the instant building in full view of the overall purport of the pleadings, while disputing the fact of sub-lease without permission based on the registration of business and registration of credit card registrants, etc., based on the fact that they became the Defendant B’s name. Thus, even though there is no clear agreement between the Defendants on the elements of the contract of sub-leases, such as deposit or rent, it is recognized that the Plaintiff, a lessor, has the same reason for violation of trust as the unauthorized sub-leases, as the grounds for termination of
In addition, the Commercial Building Lease Protection Act provides that a lessor may terminate the lease when the overdue rent falls short of three terms as a mandatory provision. [The plaintiff argues that this provision was amended on May 13, 2015, and it is only applicable to a contract concluded or renewed after the amendment, but the opposing interpretation of Article 2 of the Addenda (No. 13, 2015) cannot be terminated only by the overdue rent.
However, from September 2015 to May 2016, the amount of the management fee in arrears reaches KRW 3,476,010 and the management fee is in arrears even until around the closing date of argument (no dispute exists). This is not only a significant reason to make it impossible to maintain and manage the building of this case. If the amount of the rent in arrears and the management fee in arrears are combined, it exceeds the amount of the three-year rent and thereby exceeds the amount of the three-year rent, and the amount of the rent in arrears reaches three-year rent.