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Reasons
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(영문) 서울서부지방법원 2018.02.08 2016가단254132
건물명도
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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 November 17, 2014, the Plaintiff leased the instant building owned by itself to D, with the lease deposit of KRW 10,000,000, KRW 1,650,000 per month of rent (including value-added tax, and value-added tax), and the lease term from November 30, 2014 to November 29, 2016, but the lease contract was renewed on August 7, 2015 by changing the lessee to Defendant B at D’s request, and the details thereof are as follows:

(hereinafter referred to as “instant lease contract”). The lease period: From November 30, 2014 to November 29, 2016: Matters stipulated under the special agreement of KRW 1,650,000 per month (including value-added tax, and management expenses): All unpaid amounts, such as monthly rent, management expenses, etc. in arrears, shall be paid by Defendant B.

The term of lease shall not apply five years, which is the period prescribed by the Commercial Building Lease Protection Act, and the term of lease shall be from November 30, 2014 to November 29, 2016.

B. After obtaining permission for a general game providing business on August 13, 2015 and completing business registration on August 18, 2015, Defendant B operated the game room in the instant building (hereinafter “instant game room”).

C. E on October 11, 2016, to the employee of the Plaintiff, the sub-lease Defendant C, Defendant C, the sub-lease deposit of KRW 10,000,000, monthly rent of KRW 1,500,000, and the special terms and conditions “1. A contract in the current status of the facility;

1.This Agreement is a full-time lease contract with the consent of the lessor;

1. Other matters correspond to the Brokerage Act and the real estate practice;

1. Conditions for extension of the contract;

1. The sub-lease contract of January 27, 2016, in which the value-added tax is stated as a separate contract, is the sub-lease contract of this case.

A photographic file, which was taken, was sent as text messages.

The sub-lease contract of this case was prepared by Defendant B, Defendant C, and E, but at the time, Defendant C delivered KRW 15,000,000 to Defendant B, and KRW 10,000,00 to Defendant B as the investment money in each game site of this case.

On October 12, 2016, the Plaintiff concluded the instant lease contract on the ground that he/she sub-leases Defendant B without permission.

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