(영문) 서울중앙지방법원 2018.02.06 2016가단5304815

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(영문) 서울중앙지방법원 2018.02.06 2016가단5304815

건물명도

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1. The defendant shall be the plaintiff.

(a) Appendix 1, 2, 3, 4, and 1, listed in the separate sheet.

Reasons

1. Basic facts

A. On April 29, 2002, the Plaintiff (Seoul metro was merged with the Seoul Metropolitan Government Urban Railroad Corporation and became the Seoul Urban Railroad Corporation on May 31, 2017; hereinafter “Plaintiff”) entered into a contract with B to lease the commercial buildings of 154-05 square meters (hereinafter “instant commercial buildings”) located in Seoul C Station 154-75 square meters (hereinafter “instant commercial buildings”) and leased the instant commercial buildings to B from that time.

B. In accordance with Article 13(1) of the lease agreement stated in the foregoing Paragraph (a), the Plaintiff concluded a contract under which the lessee is changed to the name of a third party by obtaining a lessor’s written approval only once, on May 30, 2014, with the Defendant on the following terms (hereinafter “instant lease agreement”) by changing the lessee from B to the Defendant.

Matters not stipulated in this contract during the contract period from April 29, 202 to April 28, 2017, shall be governed by each of the provisions of the previous contract (hereinafter referred to as the "contract").

Article 14 (Prohibition of Assignment of Right of Lease and Sub-lease)

1. The defendant shall not transfer, sublease, or guarantee the rental deposit deposited in a third party without obtaining prior approval from the plaintiff in writing, under any pretext, and shall not delegate or operate his/her business.

2. If the ground of paragraph (1) arises without the Plaintiff’s written approval, the Plaintiff unilaterally terminates the contract, and the Defendant’s rental deposit reverts 10% of the contract rent (the amount equivalent to the contract deposit) to the Plaintiff.

Article 19 (Other Matters to be Observed)

2. The defendant shall conduct commercial activities only on designated types of business and goods.

§ 20. Terms of Termination

1. When the defendant falls under any of the following subparagraphs, the plaintiff may terminate this contract:

(4) The defendant subleases, transfers or entrusts the leased object.

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