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1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) exceeding the amount ordered to be paid below.
Reasons
A. It is reasonable to view that a lease agreement is included in land for the purpose of lease. B is to pay the lease deposit amount of KRW 90,000,000, and rent of KRW 7,700,000 on the 20th of each month;
The lease term was set from July 20, 2012 to July 19, 2013, and the lease was concluded (the lease term of the said lease was extended to July 19, 2014; hereinafter “instant lease contract”). The main contents of the instant lease contract are as follows.
Article 3 (Change of Use, Sub-lease, etc.) of the Lease Contract in this case shall not change the purpose or structure of the above real estate, transfer the right of lease or offer the security, nor use it for purposes other than the purpose of lease without the consent of the lessor
Article 4 [Termination of Contract] If a lessee fails to pay two or more rents continuously or violates Article 3, the lessor may terminate the present contract without delay.
* When the O lessor wishes under the special agreement, the lessee shall be the sub-contractor of the land and shall restore the land to its original state in this case.
O The above contract is an extension contract between D, the former owner on February 20, 2010, and between the present lessee and the defendant who is the present lessee, and KRW 72,00,000 shall be jointly responsible by the plaintiff, the inheritor, and three others.
On the other hand, the Defendant notified the Defendant’s nonperformance and the Plaintiff’s termination, and, without the Plaintiff’s consent, determined each of the instant lands as KRW 16,50,00 (including value-added tax) monthly rent and sub-leaseed to C, and C concluded a sub-lease contract with F Co., Ltd. (hereinafter “Non-Party Company”) on June 23, 2012, and transferred possession of each of the instant lands.
The defendant did not pay the plaintiff the rent from March 2014.
On April 10, 2014, the Plaintiff sublets each of the instant land to the Defendant without the lessor’s consent.