(영문) 서울중앙지방법원 2015.10.22 2014가합591389

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(영문) 서울중앙지방법원 2015.10.22 2014가합591389

보증금반환

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1. The part of the confirmation of existence of the obligation of the Plaintiff (Counterclaim Defendant) shall be dismissed.

2. The Defendant (Counterclaim Plaintiff) is the Plaintiff.

Reasons

A principal lawsuit and a counterclaim shall be deemed as the same.

1. Basic facts

A. The Plaintiff and the Defendant’s sub-lease 1) On May 23, 2008, the Defendant concluded a sub-lease 1 with B on May 23, 2008, building C and two lots of land (hereinafter “instant building”).

As to the lease deposit, the lease contract (hereinafter “the previous lease contract of this case”) is set at between August 30, 2008 and September 29, 2013 with respect to KRW 200 million, KRW 11 million per month, and the term of lease from August 30, 2008.

(2) On September 21, 2012, prior to the expiration of the former term of the instant lease contract, the Defendant and B concluded a sub-lease contract (hereinafter “the instant lease contract”) with regard to the instant building on September 21, 2012, setting the lease deposit of KRW 200 million, the lease deposit of KRW 5 million from September 22, 2012 to September 30, 2016, and the lease contract of KRW 15 million from the rent of KRW 15 billion (value-added tax separate), and on the same day, the Defendant and the Plaintiff concluded a sub-lease contract (hereinafter “sub-lease contract”) with regard to the instant building at KRW 4 billion, and each of the main contents are as follows.

-The instant lease agreement - (Renewal and Validity of Existing Lease Agreements) Section 5 (A) (referred to B; hereinafter the same shall apply) and the lessee (referred to the defendant; hereinafter the same shall apply) shall become effective immediately as a renewed contract due to any change in the terms and conditions of the contract within the term of existence of the existing lease contract.

Dor lessee uses the leased object as it is in the existing form.

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

-the sub-lease of this case - Section 1.

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