beta
(영문) 춘천지방법원 영월지원 2018.08.23 2017가합10338

손해배상(기)

Text

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

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

Reasons

Facts of recognition

Defendant C is the owner of approximately 3,00 square meters of land, such as Gangwon-gun C, and approximately 58 square meters of E fishing place and restaurant buildings located on the ground.

(hereinafter referred to as “instant fishing place”. Defendant B leased and operated the instant fishing place from Defendant C, and sublet it to the Plaintiff.

The Plaintiff was operating the instant fishing place before the Defendant B, and the sub-lease relationship is terminated, and the Plaintiff leased the instant fishing place from the Defendant C.

Defendant C leased the instant fishing place to Defendant C, on July 3, 2013, with the period of “from July 3, 2013 to July 3, 2015, the instant fishing place to Defendant B as KRW 20 million and the period of “from July 3, 2013 to July 3, 2015” without rent.

(1) On July 3, 2013, the Defendants, such as the registration of the instant fishing place, succession to permission for occupation, etc. of Defendant B, shall lease the instant fishing place to Defendant B for ten (10) years on July 3, 2013, as documents to be submitted by the Gun Office for registration of the fishing place business.

‘Preparation of a lease agreement' has made contents of the lease agreement.

(A) No. 1-2) The authenticity of the entire document shall be presumed to be established because there is no dispute over the stamp image of Defendant C.

Although Defendant C did not agree that the period of the above lease contract should be ten years, Defendant C’s assertion that the period of the above lease contract was ten years without permission, it is not sufficient to recognize that Defendant C entered the period of the above lease contract in 10 years without permission, on the basis of each of the items of evidence No. 1, No. 10, No. 11, No. 11, No. 11, No. 1, No. 1, No. 1-1, No. 2, 3, and 4, and there is no other evidence to acknowledge it. Accordingly, Defendant C’s above assertion is rejected.

Therefore, the actual term of lease of the Defendants agreed to two years.

However, in light of the progress and contents of the amendment of the law such as the entry of each week 3, at least the Gun office for registration of fishing place business.