logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2018.06.20 2017가단61371
건물명도등
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

On February 11, 2016, the Plaintiff leased the real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) from C Bank from C Bank during the period from March 31, 201 to March 30, 2026, with a deposit of KRW 100 million, monthly rent of KRW 6 million, and the period from March 31, 2016 to March 30, 2026.

As of June 10, 2016, the sub-lease contract concerning the instant real estate was made between the Plaintiff and the Defendant (hereinafter referred to as the “sub-lease contract”).

Deposit is written as KRW 10 million, monthly rent is KRW 7 million, and the period is from June 1, 2016 to May 31, 2018.

From August 1, 2016, the Defendant operates a golf practice range (hereinafter referred to as “instant golf practice range”) with the trade name “D” on the instant real estate from August 1, 2016.

Until that time, the Defendant did not directly pay to the Plaintiff the monthly rent set forth in the instant sub-lease contract.

There is no dispute over facts above.

The Plaintiff asserts that, even though the Defendant was obligated to pay the monthly rent to the Plaintiff according to the instant sub-lease contract, the Plaintiff did not pay the monthly rent to the Plaintiff more than two years, such as delinquency in payment of all the rents, etc., on this ground, the Plaintiff terminated the sub-lease contract or the period of sub-lease expires. As such, the Plaintiff asserts that the instant real estate in this case is intended to be ordered

On the contrary, the Defendant asserted that the Plaintiff, who was living together with, or was in an internal relationship with, the Defendant, leased the instant real estate from the C bank to operate the instant real estate, and thereafter was in charge of operating the instant real estate, and that the instant sub-lease contract was merely a document prepared in a way to complete the registration of business in the name of the Defendant, and that there was no obligation to pay the monthly rent.

The judgment of this court on the assertion by both the original defendants is as follows.

The Plaintiff’s lease deposit KRW 100 million in the course of leasing the instant real estate from C Bank.

arrow