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(영문) 창원지방법원 진주지원 2017.01.12 2016가단30988
임차권확인청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On October 19, 2012, the Plaintiff leased from the Defendant the land and buildings listed in the separate sheet from KRW 100,000,000, annual rent of KRW 36,000,000, and from October 23, 2012 to February 7, 2017, the key terms and conditions of the lease were as follows.

(hereinafter referred to as “the lease of this case”). Article 5 of the Lease of this case terminates the lease without any condition if the lessee delays the lease of this case for one month, or the lessee transfers the right of lease to another person without the lessor’s consent.

proviso

B. Additional taxes, global income taxes, property taxes, and building charges imposed on a lessor (hereinafter “public charges, etc.”) shall be paid by the lessee.

(c) provide a lessor who is requested to use a store, sub-lease, consent to use land, or a certificate of seal imprint on February 7, 2017;

The sub-lease deposit of the sub-lease and the sub-lease is responsible for the lessor and the lessee's land use period.

From December 1, 2012 to December 1, 2012, the Plaintiff sublets each of the stores listed in the attached Table (hereinafter “instant building”) to 11 companies with the Defendant’s consent.

On October 5, 2015, the Defendant notified the Plaintiff of the termination of the lease contract on the ground that the Plaintiff did not pay rent and pay national and local taxes by content-certified mail.

On November 16, 2015, the Defendant notified the Plaintiff of the termination of the lease contract if the Plaintiff transferred the lease right of this case to C without permission by means of content-certified mail.

[Ground of recognition] The plaintiff's assertion as to the plaintiff's assertion as to the facts without dispute, Gap's 2, 3, and 5 evidence, and the purport of the whole pleadings, and on the following grounds, the defendant unfairly asserted the termination of the lease of this case and denied the status of the plaintiff's lessee. Thus, the plaintiff

The purpose of this case is to establish a car sales business place on the land indicated in the attached list, which was discussed, and sublet it to a used car dealer.

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