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(영문) 서울고등법원 2016.08.19 2015나2063556
보증금반환
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal shall consist of a principal lawsuit and a counterclaim.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant’s sub-lease 1) On May 23, 2008, the Defendant, from May 23, 2008, owns land C and two parcels of land (hereinafter “instant building”).

) A lease agreement under the terms and conditions that the lease deposit is KRW 20 million, KRW 10 million per month, and the lease term is set from August 30, 2008 to August 29, 2013 (hereinafter “previous lease agreement”).

(2) On September 21, 2012, prior to the expiration of the previous lease agreement, the Defendant and B concluded a lease agreement (hereinafter “instant lease agreement”) with the following terms, setting the lease agreement as five years from September 22, 2012 to September 30, 2017: (a) the lease deposit amount of KRW 200,000,000 per month; (b) the lease period of KRW 15,000,000 per month; and (c) the lease period of the instant building (hereinafter “instant lease agreement”).

Article 5 (Renewal and Validity of Existing Lease Contract) (1) This contract shall take effect immediately after the renewal of the terms and conditions of the contract by the lessor (referring to B; hereinafter the same shall apply) and the lessee (referring to the defendant; hereinafter the same shall apply) within the term of existence of the existing lease contract.

Article 6 (Consent to Lease of Lease and Succession to Status of Leaser) (i) A lessor shall consent to sublet the leased real estate to the Plaintiff.

The sub-lease period shall be from September 22, 2012 to July 31, 2014.

Article 22(1) of the Act provides that when the period of the sub-lease expires, the lessor and the lessee shall terminate the term of the lease and the plaintiff who is the sub-lessee shall succeed to

3) On September 21, 2012, the Plaintiff and the Defendant concluded a sublease contract with the following content that the Defendant subleases the instant building to the Plaintiff without monthly rent at KRW 4 billion and the period from September 22, 2012 to July 31, 2014 (hereinafter “instant sublease contract”).

Article 1 (Major Matters of Contract) of the Sublease Agreement.

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