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Reasons
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(영문) 수원지방법원 성남지원 2018.12.21 2018가단5798
건물인도 등
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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On April 5, 2017, the Plaintiff entered into a contract with Defendant B to lease the building listed in the separate sheet (hereinafter “instant commercial building”) with Defendant B by setting the deposit amount of KRW 20 million, monthly rent of KRW 1500,000,000, and the lease period from April 5, 2017 to April 4, 2018 (hereinafter “instant lease contract”).

B. Around March 21, 2018, the Plaintiff sought notification to Defendant B by content-certified mail that the instant lease agreement will expire on or after April 4, 2018, and that the lease relationship will not be renewed, but did not reach Defendant B.

C. On March 27, 2018, the Plaintiff was ordered to take a provisional measure prohibiting the transfer of real estate possession against Defendant B at Sung-nam Branch of Suwon District Court.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The Plaintiff’s assertion ① sublet the instant commercial building without the Plaintiff’s consent to Defendant B to Defendant C without delay, and thus, the Plaintiff may refuse the renewal of the instant lease, and the Plaintiff expressed to Defendant B his intent to terminate the contract several times during the period from six months to one month before the expiration of the lease term, while Defendant B did not demand the renewal of the contract within the said period. As such, the instant lease contract terminated on April 4, 2018, the Defendants are obligated to deliver the instant commercial building to the Plaintiff and pay the Plaintiff a reasonable amount of the rent until the completion of possession. ② Even if the instant lease was renewed, Defendant B continues to sublet the instant commercial building without permission to Defendant C until July 2018. Accordingly, the Defendants are terminated on the grounds that the instant lease was overdue.

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