logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2015.06.19 2014가단117688
건물인도
Text

1. Of the instant lawsuit, KRW 1,400,00 per month during the period from May 15, 2015 to the completion date of delivery of real estate indicated in the separate sheet.

Reasons

On April 3, 2007, the Plaintiff completed the registration of ownership transfer as to the building B, which is the above aggregate building, No. 101 Dong 705 (hereinafter referred to as the “instant building”) of Gangdong-gu Seoul Metropolitan Government, such as the attached list, on April 3, 2007.

The Plaintiff’s lease agreement between C Co., Ltd. (hereinafter “C”) on May 11, 2012, between the Plaintiff and C (hereinafter “C”), with the content that the Plaintiff leases KRW 1-3,00,000 per household for an apartment house of KRW 51 and an officetel of KRW 11,00,000,000, which is a sectional ownership of the instant building, including KRW 705,000,000,000,000 for each household, by May 12, 2014, the lease deposit is KRW 90,000 for lease, KRW 35,000 per household for monthly rent, and KRW 5,00,00 for officetels

(C) On November 3, 2012, C entered into a sub-lease contract with the Defendant to sub-lease 705, 100 million won for sub-lease 770,000 won for sub-lease 770,000 won for sub-lease 4, 2012 to November 3, 2014, and the Plaintiff, a lessor, approved the conclusion of the said sub-lease contract by the Plaintiff from November 3, 2012 to November 3, 2014. The Defendant has occupied the said head of 705 from November 3, 2012 to the date of the said sub-lease contract. [The purport of each of the entries and the entire arguments as well as the purport of the entire pleadings as follows.

Judgment

Since the right of rent of the sub-lease is established on the basis of the right of lease of the sub-lease, the right of rent of the sub-lease becomes extinct on the basis of the right of lease of the sub-lease.

Therefore, the defendant is obligated to return 705, which is the object of the lease, to the plaintiff, who is the lessor after May 12, 2014, pursuant to Article 630 of the Civil Code, as the sub-lessee with the consent of the lessor.

In addition, even though the above lease and sub-lease have ceased to exist, the defendant shall continue to hold 705.

arrow