logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.10.29 2015가합515696
손해배상(기)
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

Basic Facts

The defendant contributes to the creation and development of culture and the protection of artists' rights and interests, and around August 1996, the defendant started new construction of the 5th underground and 20th ground-based J (hereinafter referred to as "the building of this case") on the ground of Yangcheon-gu Seoul Metropolitan Government I land (hereinafter referred to as "the site of this case") and completed the registration of ownership transfer on January 6, 201 after obtaining approval for use on November 201.

On November 17, 2010, K Co., Ltd. (hereinafter referred to as “K”) leased the instant building from the Defendant by setting the lease deposit amount to KRW 10 billion from the date of completion of the instant building, and the lease term to KRW 10 billion from the date of completion of the instant building. Of the lease deposit, the lease deposit amount to KRW 2 billion shall be paid on the date of the contract, the remainder to KRW 8 billion shall be paid on the date of completion of the instant building, and K shall not sublet all or part of the leased object without the prior written consent of the Defendant, and it shall not allow sublet lessee to relet the leased object (hereinafter referred to as the “lease agency and tenant management service contract,”) and sublet part of the instant building with the consent of the Defendant from that time.

K paid only two billion won out of the lease deposit under the instant contract to the Defendant, and did not pay the remainder of eight billion won.

After that, L Co., Ltd (hereinafter, L) acquired the status of KK under the instant contract on April 18, 2012, and obtained a comprehensive consent from the Defendant as to the sublease of the instant building on the same day, and agreed with the Defendant on October 4, 2012 as shown in the attached Table 2.

(hereinafter. (hereinafter the instant agreement) Accordingly, the Defendant received KRW 1.5 billion out of the unpaid lease deposit from L and completed the registration of creation of a mortgage over the instant site and building with the maximum debt amount of KRW 6 billion on October 18, 2012.

L, as shown in the attached list No. 1, sub-leaseed part of the instant building to the Plaintiffs from August 28, 2012 to April 17, 2014.

On the other hand, L is on November 15, 2012.

arrow