(영문) 서울고등법원 2016.07.21 2015나2031016

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(영문) 서울고등법원 2016.07.21 2015나2031016

건물퇴거

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1. Of the judgment of the first instance, the part against Defendant A and E shall be revoked.

The plaintiff's lawsuit against the defendant A shall be dismissed.

Reasons

1. Basic facts

A. On April 7, 2011, the Plaintiff entered into a lease agreement with J on the land listed in the separate sheet No. 1 (hereinafter “instant land”) owned by the Plaintiff, with respect to the term of the contract from May 24, 2011 to May 24, 2014; the term of the annual contract shall be from May 24, 2011 to May 23, 2012; and the annual contract shall be renewed from May 24, 2011 to May 23, 2012; and the rent shall be KRW 327,80,000.

(hereinafter “instant lease agreement”). B.

According to the instant lease contract, the lessee is obliged to pay the rent within the period designated by the lessor (Article 3), the rent paid is not refunded if the lease contract is terminated due to any cause attributable to the lessee (Article 5). If the lessee subleases the leased property or transfers the right, the lessor may terminate the lease contract after the peremptory notice is given to the lessee.

(Article 11(2)(c)

After that, the Plaintiff renewed the instant lease agreement between the Defendant A, who was transferred the business name of K from J, with the business name of K, as of February 19, 2012, from June 20, 2012 to June 19, 2013; and the rent is the same as that of the previous case; and the term of the instant lease agreement was renewed on June 20, 2013 to June 19, 2014; and the rent was 271,700,000 won.

On the other hand, Defendant E and I entered into a sublease contract with Defendant E and I on the condition that they lease the pertinent building listed in the attached Table 2 list on the ground of the instant land, and Defendant E and I occupy each of the above buildings.

E. On January 14, 2014, the Plaintiff notified Defendant A that the instant lease agreement was terminated on the grounds of sub-lease of leased assets and transfer of rights and unpaid rents.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 9 (including branch numbers, if any) and the purport of the whole pleadings

2. The plaintiff's assertion is accompanied by the sub-lease and transfer of rights to the defendant A.

유사 판례

-서울서부지방법원 2015.05.01 2014가합35778

-의정부지방법원고양지원 2014.07.17 2013가단509848

-서울중앙지방법원 2020.10.23 2018가합582024

-제주지방법원 2015.11.18 2015나1000

-대전지방법원 2018.04.12 2017가단206240