손해배상(기)
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.
The defendant.
1. Basic facts
A. The Plaintiff and L around February 208 (1) around February 20, 2008, 301, 302, 303, and 303-1 (hereinafter referred to as “instant store”) of the C building 301, 302, and 303-1
(2) At around that time, L’s husband K jointly leased the instant store from Plaintiff and L with the J and operated the Chinese restaurant in the name of “M” at the instant store.
3) On June 9, 2011, the Plaintiff purchased one half of the instant store from L, and completed the registration of transfer of ownership under the Plaintiff’s name on June 30, 2011. (4) On June 9, 2011, the Plaintiff acquired a letter of commitment (Evidence 7-1, 2) to the effect that “The Plaintiff shall waive all of the facilities and rights related to M, and transfer all of the permission and rights of the government offices necessary for M’s business to the designated person by June 30, 201,” and that “the Plaintiff shall transfer all of the facilities related to M to the Plaintiff, and shall not claim any rights in the future.”
B. (1) On June 10, 201, the Plaintiff: (a) leased all of the instant stores and internal facilities to B with a lease deposit of KRW 100,00,00,000, monthly rent of KRW 5,500,000; and (b) a lease term of one year; (c) the Plaintiff may not raise any objection to the lessor when he succeeds to the facilities of the former lessee M as they are, as stipulated in the evidence A; and (b) on June 10, 201, the Plaintiff stated that “if the lessor requests prior to the date of return of real estate, all of the facilities shall be removed at the lessee’s expense and shall be restored to its original state.”
Since that time, B operated a Japanese restaurant with the trade name "D" in the store of this case.
2 The Plaintiff did not pay the rent of the rent to B, and the name of the building against B as Suwon District Court 2012Kadan58186.