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서울고등법원 2020.02.12 2019나2019175
전대료 등 청구의 소
Text

1. As to the principal lawsuit in the judgment of the first instance, including the Plaintiff (Counterclaim Defendant)’s claim for principal lawsuit changed in this court.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The reasoning for the court’s explanation on this part of the basic facts is as stated in Paragraph 1 of the judgment of the first instance, except for partial revision as follows. Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

On the other hand, the main building of this case is divided into 1,650 square meters on the building ledger and 1620.69 square meters on the 1st floor and 29.31 square meters on the 201st century on September 20, 2012, after the lease contract of this case was concluded, the main building of this case is changed to the 96.8325 square meters on the 1st floor (retail stores) for the first-class neighborhood living facilities (retail stores) and up to now, the main building of this case is divided into 7.8325 square meters on the 1st floor, 653.8375 square meters on the 29.375 square meters on the 1st floor, and 29.31 square meters on the 2010 square meters on the 205th floor “the 201.31 square meters on the 205th floor” (hereinafter “the 2018th 201”).

2. Determination as to the claim on the principal lawsuit

A. According to the above facts finding as to the cause of the claim, even though the Plaintiff transferred the instant building and its attached house equipment to the Defendant pursuant to the sub-lease contract of this case, used them and made profits therefrom, the Defendant did not pay the sub-lease fees, etc. from June 1, 2017. Thus, barring any special circumstance, the Defendant is obliged to pay the Plaintiff the rent, etc. and the delay damages at the rate of 12% per annum, which is the overdue interest rate for the instant sub-lease contract.

B. The defendant's argument 1) The defendant is not obligated to pay the sub-lease fee to the plaintiff for the following reasons.

(1) The principal building of this case shall be the first-class neighborhood living facilities (retailing stores) and warehouses on the building ledger, and the second-story office.

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