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(영문) 제주지방법원 2018.09.17 2016가단16374

손해배상(기)

Text

1. The Defendant (Counterclaim Plaintiff) is 62.61 square meters in a single-story store among the real estate recorded in the attached list from the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. On April 2013, the Plaintiff: (a) acquired the right of lease from B, a lessee of the instant building; (b) concluded a new lease agreement with C, a lessor on June 16, 2013, stating that the lease deposit is KRW 18,00,000, annual rent is KRW 10,000,000; and (c) the term of lease is from March 1, 2013 to 24 months (hereinafter “instant lease agreement”); and (d) operated a restaurant from around that time with the trade name “D” in the instant building.

B. On August 2014, the Plaintiff: (a) caused water leakage in the ceiling of the instant building; (b) caused water leakage to customers to sit, and (c) caused water falling into KRW 800,00,000; (b) however, the Plaintiff could not be able to solve fundamental problems without accepting the said water pipe pipes, in relation to the water pipe deterioration of the toilets in the 2,3, and 4th floor of the real estate listed in the attached Table.

C. The Plaintiff demanded C to renew the instant lease contract at the time when the term of the instant lease expires, and C did not raise any objection to the Plaintiff’s above request.

Accordingly, the instant lease contract was extended by February 28, 2016. D.

The Plaintiff continued to fall in the instant ceiling until November 22, 2015, and continued to operate his business until November 2015.

E. Meanwhile, on November 10, 2015, the registration of ownership transfer was completed in the name of Japan on the real estate listed in the separate sheet, which was owned by C, and on November 24, 2015, the registration of ownership transfer was completed again in the name of the Defendant.

F. On December 14, 2015, the Defendant filed a lawsuit seeking delivery of the instant building against the Plaintiff on the ground that “the Plaintiff is expected to refuse delivery of the instant building to be terminated on March 1, 2016 due to the expiration of the instant lease agreement” (the Jeju District Court 2015Da18410).

G. On January 20, 2016, the Plaintiff served the above complaint.