beta
Text
1. The defendant shall deliver to the plaintiff the real estate stated in the attached Form.
2. The costs of the lawsuit are assessed against the defendant.
4.Paragraph 1.
Reasons
1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be acknowledged by adding up the whole purport of the pleadings to the entries in Gap evidence Nos. 1-4.
On April 2, 2018, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with C Co., Ltd. (the co-defendant of this case was confirmed on April 20, 2019; hereinafter “C”) with a deposit of KRW 30 million, monthly rent of KRW 1.8 million (including value-added tax, and KRW 2.2 million, monthly rent of KRW 1.8 million), and the period from April 2, 2018 to April 1, 2020 (hereinafter “the instant lease agreement”). Around that time, the Plaintiff transferred the instant real estate to C.
B. Upon the Plaintiff’s consent, the Defendant entered into a contract to transfer the instant real estate with C, received the instant real estate from C, and operated Smarket from July 2018 to “D”.
C. From August 1, 2018, C delayed payment of the rent for the instant real estate, and the Plaintiff sent to C a document stating that the instant lease contract is terminated on or around November 16, 2018, by content-certified mail.
2. The assertion and judgment
A. Determination as to the cause of the claim (1) pursuant to Articles 638(1) and 635(2) of the Civil Act, where the lease contract is terminated due to the notification of termination and the lease is legally sub-leased, the lessor does not set up against the sub-lessee by termination unless the lessee notifies the sub-lessee of the cause. If the sub-lessee is notified of the termination, the lessor shall not set up against the sub-lessee; six months if the lessor notifies the lessee of the termination; one month if the lessee is notified of the termination; and five days if the lessee is the movable; however, the lease shall take effect after the lapse of five days if the lessee becomes notified of the termination.