beta
(영문) 광주지방법원 2014.11.27 2014가단22432

손해배상 등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Facts of recognition

On March 18, 2011, the Defendant leased the said real estate from C (the change of the owner to D and E on January 24, 2014) as the monthly rent of KRW 1.5 million and the lease period from March 18, 2011 to March 17, 2014).

On March 26, 2013, the Defendant: (a) operated the Friju wholesale store in the foregoing real estate; (b) decided to transfer all the Friju wholesale store’s business property to the Plaintiff and G; and (c) concluded a collective sales contract between the Plaintiff and G (hereinafter “the instant collective sales contract”).

Among the details of business property attached to a house sales contract, one of the telephone machines and telephone numbers is assessed as two million won, and in addition, it is marked as PAD in the freezing tower and the "PDA" contract, but it seems to be PAA's clerical error.

The details of business property are included in the details of business property.

In addition, on March 31, 2013, the Defendant entered into a sublease contract with the Plaintiff to sublease part of the office and warehouse of the first floor among the real estate listed in the separate sheet leased by the Defendant as the monthly rent of one million won (five months advance payment) and the sublease period as “from April 1, 2013 to August 31, 2013.” At that time, the Plaintiff started the Fjudo wholesale store business by delivering from the Defendant the office (hereinafter the above warehouse and office of this case) the part of the warehouse that connects each point of the above real estate as set forth in the separate sheet No. 1, 2, 3, 4, 1, and 1, and 5, 5, 7, 5, and 5, which connect each point of the above drawings No. 1, 1, 2013.

On September 1, 2013, the Defendant renewed the said sub-lease contract with the Plaintiff, and concluded a sub-lease contract with the effect that the said real estate will be sub-leaseed at the monthly rent of one million won (five-month advance payment) and the sub-lease period from September 1, 2013 to January 31, 2014.

The plaintiff occupies the real estate of this case and is engaged in Friju wholesale business.

【Ground of recognition】 There is no dispute.