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(영문) 대구지방법원 2016.09.01 2015나309597

손해배상(기)

Text

1. All appeals by the plaintiffs and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

3. Order of the court of first instance.

Reasons

1. Basic facts

A. On September 18, 2012, K purchased from the Defendant No. 201 on the second floor M on the ground of Daegubuk-gu L (hereinafter “instant room”) from the Defendant, and completed the registration of ownership transfer on October 11, 2012.

B. On September 26, 2012, the Defendant prepared a lease agreement (No. 2; hereinafter “instant lease agreement”) with the Plaintiff, stating that “the Plaintiff, Plaintiff A, and eight other (person), the lessor, and the lessee, from the lessor, set forth the instant lease agreement with the lessor, stating that “the lease agreement shall be set at KRW 30,60,000, monthly rent of KRW 1,980,000, and from January 1, 2013 to December 31, 2019,” which read that “the lease agreement of this case shall be set at KRW 1,980,000, monthly rent of KRW 1,980,00,” and that “the lease agreement of this case shall be set at KRW 2.”

C. The Plaintiffs, including the instant heading, opened a postnatal care center (hereinafter referred to as the “postnatal care center of this case”) after performing the tegrative construction work in the tegrative M Nos. 202 through 206 (hereinafter collectively referred to as the “instant shopping center”). D.

1) On December 16, 2013, K filed a claim for the delivery of the instant family room against Plaintiff A by Daegu District Court 2013Kadan6096, on the ground that the first lease contract was concluded without his/her consent (hereinafter “related lawsuit”).

(2) In the instant lawsuit filed a favorable judgment on November 13, 2014. 2), however, the instant heading room is located on the entrance side of the instant commercial building, and where it is difficult to operate a postnatal care center in the instant case to deliver it to K, and the Plaintiff A entered into a lease agreement with K on December 20, 2014, stating that “The instant heading room shall be leased by setting the lease deposit amount of KRW 30,600,000, monthly rent of KRW 3,674,00, and the lease term of KRW 3,674,00, and from January 1, 2015 to December 31, 2019, and continue to operate a postnatal care center in the instant commercial building (hereinafter “second lease agreement”).