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(영문) 서울중앙지방법원 2015.11.10 2015나8178

손해배상

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. Basic facts

A. On November 3, 2004, the Plaintiff: (a) was awarded a successful bid of 126 square meters in E Building 126 square meters (13.58 square meters in the area of exclusive ownership); (b) around November 3, 2004, Defendant B divided ownership of 122, 123, 124, and 125 (6.43 square meters in sequence, 9.6 square meters in the area of exclusive ownership; 9.6 square meters in the order, 9.66 square meters in the area of exclusive ownership; 15.65 square meters in the area of exclusive ownership).

(hereinafter referred to as "126". (b) The plaintiff's store, 122, etc. are defendant's store.

Defendant B entered into a lease agreement in sequence with the Plaintiff, with the amount of KRW 5 million on July 1, 201, with the annual rent of KRW 5 million on March 31, 201, KRW 5 million on deposit, monthly rent of KRW 400,000, and KRW 5 million on April 1, 2012, and monthly rent of KRW 450,000.

As above, Defendant B leased the Plaintiff’s store and leased the Plaintiff’s store and the Defendant’s store with the consent of the Plaintiff at KRW 150 million, monthly rent of KRW 50 million, and KRW 500,000,000.

(hereinafter referred to as "Ss.". (c)

Defendant C and G purchased Defendant’s store from Defendant B and completed the registration of ownership transfer on September 25, 2013.

Accordingly, Defendant C succeeded to the former lease relationship with the Plaintiff’s store, and entered into a lease agreement with the Plaintiff on June 30, 2015 with the term of lease, and leased the Plaintiff’s store and the Defendant’s store to S as before.

(B) In this case, the lease contract between the Plaintiff and the Defendants is the instant lease contract, the sub-lease contract or the sub-lease contract between the Defendants and the Plaintiff.

The plaintiff filed a claim for damages against the defendant C, etc. (2014da617139, 2014da5133146, hereinafter referred to as "a separate lawsuit") and is pending in the first instance court.

[Grounds for recognition] Evidence Nos. 1 through 6, Eul 1 to 5, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff's assertion purport of this case is that of the defendants.