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(영문) 서울중앙지방법원 2015.01.22 2014가합513563
손해배상(기)
Text

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

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

Reasons

1. Basic facts

A. On December 29, 2001, Defendant B purchased Nos. 119 of the first floor moving to the second floor building, the second floor, the commercial building, the second floor (at the time, it was registered as a general building, other than a sectioned building), which is the above store, in order to remodel the inside and directly connect the first and second floors, and commenced the operation of the clothing sales store at that place.

B. On January 21, 2002, each aggregate building register on the above 1 and 2th floor stores was prepared, and the above stairs were also listed as common areas.

On January 24, 2002, each register of aggregate buildings was made with respect to the above 1 and 2-story stores.

Defendant B completed the registration of ownership transfer for the above 1 and 2-story stores around that time.

C. Around February 2002, Defendant B: (a) sold the first floor store to E; (b) sold the Plaintiff’s father F with the second floor store; and (c) continued the operation of the first and second floor store; and (b) leased the first and second floor store; and (c) in particular, Defendant C Co., Ltd. (hereinafter “Defendant C”) operated by Defendant B entered into a lease agreement under the name of Defendant C Co., Ltd. (hereinafter “Defendant C”); and (d) agreed to restore the said stairs to its original state upon the termination

The Plaintiff completed the registration of ownership transfer to E and F according to the above sales contract.

F around 2006, the F sold the second floor store to the Plaintiff, his father, who is his father, and completed the registration of ownership transfer.

Defendant B entered into a lease agreement with the Plaintiff under the name of Defendant C in the course of renewal of the lease agreement for the second floor store, but on February 29, 2012, Defendant B again entered into a lease agreement with the Plaintiff by February 29, 2013.

E. At the time of the expiration of the above last lease term, Defendant B notified the lessor that he would move the place of business without renewal of the lease contract. Accordingly, from the management body consisting of E and building owners, the owner of the first floor shop, the above stairs were removed and the first and second floor stores were removed.

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