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(영문) 서울북부지방법원 2014.12.17 2014가합20411

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant B is the owner of a house with a 178 square meters in Seoul Special Metropolitan City, Nowon-gu and its 178 square meters and a single-story house with a 44.23 square meters in Seoul Special Metropolitan City, a 102 square meters in F, and 40.50 square meters in a single-story neighborhood living facilities, and 20.64 square meters in a single-story neighborhood living facilities (hereinafter referred to as “instant restaurant”).

In the instant restaurant, G operated a mutually named restaurant “H”.

B. On April 4, 2011, Defendant B leased the instant restaurant to I as the lease deposit amounting to KRW 45 million, KRW 4 million per month, and the period from April 12, 201 to April 12, 2013 (hereinafter “instant contract”), Defendant C, a licensed real estate agent, and Defendant D arranged the said contract.

I operated a single restaurant with the trade name of “J” from April 201 to its place, and from May 201, from around 201, I operated the “K”’s pro rata restaurant.

C. Upon the expiration of the instant contract, Defendant B demanded I to deliver a restaurant, deposit, and rent increase, but I wished to change the name of the contract and extend the period, Defendant B, I, and L agreed to renew the said contract by changing the lessee of the instant contract to L on September 16, 2013 and setting the term of the lease by April 28, 2014.

On January 7, 2014, the head of Nowon-gu notified L of the instant disposition of the suspension of business on the ground that the instant restaurant (K) reported its business on the size of 44m2 above F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F FM, without reporting the location of the place of business and the area of the place of business. On February 3, 2014, the head of Nowon-gu notified L of the disposition of the suspension of business.

(hereinafter referred to as “instant disposition”). [In the absence of dispute, the entries and images of Gap’s 1 through 10, 22, 23, and 26, Gap’s 11-1, 2, 3, Eul’s 24-1, 2, 3, and Eul’s 2-2, Eul’s 1, 3, and 2-1, 2, Eul’s 1, 3, and 2-2, Eul’s 1, 2, and 3, and the Seoul.