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(영문) 서울남부지방법원 2019.01.17 2018가합103632
임차인지위 확인
Text

1. The Plaintiff and the Defendant are located in Yeongdeungpo-gu Seoul Metropolitan Government C under a lease agreement concluded on July 4, 2017.

Reasons

Considering the overall purport of Gap evidence Nos. 1, 2, and Eul evidence Nos. 2 and Eul evidence Nos. 2, the defendant is a corporation managing D underground road shops located in Yeongdeungpo-gu Seoul Metropolitan Government, and the plaintiff on July 4, 2017 entered into a lease contract with the defendant and the defendant on November 10, 2019 with respect to D underground road Nos. 18.78 square meters and 19.02 square meters within the store located in Yeongdeungpo-gu Seoul Metropolitan Government, up to November 10, 2019 (hereinafter "the lease contract of this case"). Article 13(2) of the lease contract of this case provides that the defendant may terminate the lease contract of this case where the plaintiff violated the obligation not to sublet the lease contract of this case, and the plaintiff, the plaintiff and the defendant and the defendant provided for the termination of the sublease contract of this case to the defendant on July 27, 2017.

According to the above facts, the plaintiff sublet the above store F to G without the consent of the defendant, and violated the duty of prohibition of sub-lease under Article 13 (2) of the lease contract of this case, the defendant can terminate the above store F, and the lease contract of this case concerning the above store F was terminated on September 18, 2017.

Although the Plaintiff asserts that the sub-lease contract has not been concluded with G, G merely can it be recognized that the Plaintiff did not have the possession of the above store No. 5 through 9 from the Plaintiff in full view of the entries and the purport of the entire pleadings. As such, G did not have the possession of the above store No. 1 F, thereby entering into a sub-lease contract with the Plaintiff and G without the consent of the Defendant, etc., or the validity of the said sub-lease contract.

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