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(영문) 서울중앙지방법원 2014.07.22 2013가단169962

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is the owner of the building of the 4th floor in Bupyeong-gu, Sincheon-gu C and D, and the Defendant was the person who leased part of the above building and operated the hospital.

B. The defendant on January 1, 2002 between the plaintiff and the defendant

A lease contract is concluded with the condition that the lease deposit is KRW 3.5 million, monthly rent is KRW 300,000,000 from February 10, 2001 to February 10, 2006 (hereinafter “instant lease contract”) of all the second floor, the third floor, and the fourth floor (hereinafter collectively referred to as “the instant lease contract”) of the instant leased building, and the lease contract is concluded, and the lease contract was terminated and terminated and removed from the instant leased building due to the expiration of the lease contract.

C. Around December 10, 2005, Nonparty E, the Defendant’s latter intention, entered into a lease agreement with the Plaintiff on a condition that the lease deposit is KRW 3.5 million, monthly rent is KRW 6 million, and the lease term is from February 10, 2006 to February 10, 201, and the lease agreement was terminated and the lease agreement was terminated.

At the time when the Plaintiff leased the leased building of this case to Nonparty E, the hospital facilities (including partitions) installed by the Defendant in the leased building of this case existed, and Nonparty E used the existing hospital facilities installed by the Defendant during its lease period.

【Unsatisfied Facts, Gap 1, 2, 3, 4, 8, 9 (including branch numbers in the case of additional numbers), the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The plaintiff's assertion 1 rejected the renewal of the lease contract of this case, voluntarily withdrawn from the leased building of this case, and then transferred all of the facilities of the hospital to E, a new lessee. Upon the termination of the lease contract of this case, E removed the leased building of this case from the leased building of this case without installing the facilities of the hospital taken over from the defendant, and thereafter the plaintiff thereafter removed the leased building of this case.