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(영문) 서울남부지방법원 2019.04.26 2018가합112544
임차인지위 확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. In around 1980, the Plaintiff was a lessee of the above underground road No. 18.78m2 (hereinafter “instant store”) from the time of construction of the “D underground road shopping mall” located in Yeongdeungpo-gu Seoul Metropolitan Government.

B. The Seoul Facility Corporation, which was entrusted by the head of the Seoul Special Metropolitan City Mayor with the management of the above underground shopping mall, had the defendant manage the above underground shopping mall around 2009, and the plaintiff leased the instant store from the defendant around that time.

C. On June 15, 2018, the Seoul Facilities Corporation: (a) decided on September 20, 201 to F the instant store at KRW 100,000,000 for deposit and KRW 6,000 per month; (b) discovered that the Plaintiff violated the prohibition provisions of Article 11(1) and (4) of the Seoul Metropolitan Government Ordinance on the Management of Underpasses and ordered the Defendant to provide the Plaintiff with an opportunity to vindicate and investigate the facts.

The Plaintiff submitted several explanatory materials to the Seoul Facilities Corporation via the Defendant, but the Defendant, under the direction of the Seoul Facilities Corporation, notified the Plaintiff of the termination of the lease agreement on October 1, 2018.

Article 11 (Transfer, etc. of Right of Lease) (1) of the Seoul Metropolitan Government Ordinance on the Management of Underpasses shopping Districts (Transfer, etc. of Right of Lease) (1) No lessee shall transfer the rights

(4) No trustee shall sublease a commercial building and no lessee shall sublease a store.

Article 14 (Termination of Contracts) (2) In any of the following cases, a custodian may terminate the contract:

1. When he/she violates an obligation not to report or sublease pursuant to Article 11 (based on recognition), the fact that there is no dispute over the obligation not to report or sublease, entries in Gap evidence 1, Eul evidence 1 and 2 (including each number), and the purport of all pleadings;

2. Determination as to the cause of action

A. The plaintiff asserts that the termination of the contract by the defendant is invalid for the following reasons and sought confirmation of the status of the tenant.

1. The Plaintiff cannot look at the instant store due to health aggravation. As such, from October 201, the Plaintiff had F, etc. do so at the instant store.

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