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1. The defendant shall be the plaintiff.
(a) Attached drawings (1), (2), (3), (4), and (4) of the underground floors of the building listed in the attached Table 1;
Reasons
1. Basic facts
A. On December 1, 2009, the Plaintiff entered into a lease agreement with E Co., Ltd., the former owner of the building listed in the annexed Table 1 (hereinafter “instant building”) and with respect to the land size of 6.07 square meters on the part (Ga) in the ship (F) connected each point in sequence with E Co., Ltd. and E Co., Ltd. (hereinafter “the instant building”) on the underground floor of the said building (hereinafter “instant building”). The lease agreement was concluded by setting the lease term of 12 months, lease deposit amount of 24,849,500 won, and monthly rent of 197,000 won, and thereafter the lease agreement was explicitly renewed each year.
B. After completing the registration of ownership transfer with respect to the instant building on September 16, 2014, G Co., Ltd. (hereinafter “G”) entered into a lease agreement with the Plaintiff on October 17, 2014, stipulating the term of the contract with the Plaintiff from September 17, 2014 to November 30, 2014, to succeed to the said lease agreement. The term of the contract between December 1, 2014 and November 30, 2015, the term of the contract between December 1, 2014 and November 30, 2015, the lease deposit was KRW 24,849,50, and the monthly rent was KRW 241,00 (excluding value-added tax) and entered into a new lease agreement (hereinafter “instant lease agreement”).
C. On January 5, 2015, the Plaintiff: (a) concluded a sublease contract with the Defendant and the instant store from January 12, 2015 to January 11, 2016; (b) 12 months from January 12, 2015 to January 11, 2016 for the sublease deposit; (c) KRW 8 million for the monthly rent; and (d) 265,100 for G (including value-added tax) to be paid directly by the lessee (the Defendant) to sublease the instant store to the Defendant; and (b) the Defendant occupied and used the instant store by delivering the instant store from the Plaintiff on January 12, 2015 to that date.
On the other hand, Article 9 (1) of the lease contract of this case provides that "a lessee may allow a third party to use all or part of a name change or store without a written approval of a lessor, or transfer, resell or sublease the right of lease under this contract."