(영문) 서울중앙지방법원 2021.01.29 2020나27487

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(영문) 서울중앙지방법원 2021.01.29 2020나27487

건물명도

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. Judgment of the court of first instance No. 1-B.

Reasons

1. Facts of recognition;

A. On August 30, 2018, the Plaintiff agreed to receive the real estate listed in the separate sheet (hereinafter “instant office”) from B in addition to the lease deposit of KRW 70 million, monthly rent and management expenses (hereinafter “monthly rent, etc.”) and the lease of KRW 7,150,00 (including value added tax) from August 31, 2018 to August 30, 2019, the Plaintiff agreed to receive an additional payment of the lease deposit of KRW 70 million, monthly rent and management expenses (hereinafter “monthly rent, etc.”). B entered into the instant lease agreement with the Plaintiff on August 30, 2018 (hereinafter “instant lease agreement”). B, following the lease agreement with the Plaintiff, the Defendant occupied and used the instant office by obtaining the consent of the Plaintiff on February 27, 2018 (hereinafter “instant office rent”).

(c)

When entering into the instant sub-lease contract, the Defendant shall bear the same responsibility as the instant lease contract with the Plaintiff, and made a special agreement with the following contents:

In the event of the termination of the instant lease agreement, the instant sublease contract will be automatically terminated.

The lease contract of this case and the sub-lease contract of this case are automatically terminated in the event of dispute and damage arising from the loan contract of this case, and all responsibility for this shall be borne by the defendant and B.

(d)

In this regard, the Defendant and B did not pay monthly rent, etc. to the Plaintiff from January 2019, and on March 18, 2019, the Plaintiff expressed to the Defendant and B the intent to terminate the instant lease agreement on the grounds of unpaid payment, such as monthly rent, etc. by mail verifying the content, and expressed the intent to terminate the instant lease agreement on the grounds of delinquency with the Defendant and B by delivery of a duplicate of the complaint of this case.

E. On September 30, 2019

유사 판례

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