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(영문) 서울고등법원 2017.01.12 2015나2066500
임차권확인 등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows: (a) the defendant's "a" as stated in Section 6, Section 18, of the judgment of the court of first instance is dismissed as "a plaintiff"; and (b) subsequent to Chapter 7, Section 12, the reasoning of the judgment of the court of first instance is as stated in the main sentence of Article 420 of the Civil Procedure Act, except for addition of the following judgments. Thus, this is

2. In addition, the Plaintiff asserts that the purpose of Article 12(2) of the instant lease agreement is to obtain the consent of the lessor, who is the lessor, before the lessee actually rents out the building in this case. Thus, the Plaintiff simply concluded a sub-lease agreement and received the security deposit does not violate Article 12(2) of the instant lease agreement. However, in light of the language and text of Article 12 of the instant lease agreement, the developments leading up to the conclusion of the instant lease agreement, and the contents of each sub-lease agreement concluded with E, etc., Article 12(2) of the instant lease agreement is not construed as asserted by the Plaintiff. Rather, as seen above, the Plaintiff’s conclusion of the sub-lease agreement with respect to the part of the instant building without the prior consent of the Defendant, thereby violating Article 12(2).

The plaintiff's above assertion is without merit without further review.

In order for the Plaintiff to terminate the instant lease agreement on the ground that the Plaintiff’s unauthorized sub-leases, the Defendant should have given written notice to the Plaintiff to correct it within one month pursuant to Article 13(1) of the instant lease agreement. However, the Defendant did not go through such procedures. The Plaintiff’s conclusion of the instant lease agreement does not constitute “where the purpose of this contract is not achieved because it is impossible to correct it,” as stipulated in Article 13(2) subparag. 3 of the instant lease agreement, and thus, the Defendant’s notice of termination is given.

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