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(영문) 서울중앙지방법원 2013.11.28 2013가합512877
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. The Defendants, as the parties, are co-owners of the building I and its ground (hereinafter “instant building”) in Jung-gu, Seoul, and Defendant B, as the co-owner of the said building and the remaining Defendants’ agent, entered into a lease agreement with the Plaintiff and the Plaintiff on the third floor 128.8m2 of the said building (hereinafter “instant store”).

The Plaintiff is a person who has been engaged in the skin beauty business in the name of “L” in the name of “L” at the stores of this case by acquiring the facility and the right of lease, etc. of the above stores from Nonparty K before the Plaintiff was operating the skin beauty business in the name of “J”.

B. (1) On February 15, 2011, the Plaintiff entered into a lease agreement with K to take over all the lease rights and facilities (except mutual name) of the skin room operated by K at the instant store in KRW 100 million, and the Plaintiff decided to take over the obligations to the existing customers of J. However, the transferee of the contract was Nonparty M. (2) on February 21, 201, the Plaintiff entered into a lease agreement with Defendant B who represented by the remaining Defendants on February 21, 201 with the name of M, and the term of the contract was from March 1, 2011 to March 31, 2012; the lease deposit was KRW 30 million; and the rent was KRW 3 million on March 31, 201.

(hereinafter “Lease”) At the time of the conclusion of the instant lease agreement, the Plaintiff expressed that Defendant B and the N engaging in the instant building management work would be able to have long-term operations in the future, and Defendant B and N said that “I would like to sell the instant building, so I would like to run well in the future.”

3) Upon entering into the instant lease lease agreement on March 29, 201, the Plaintiff and Defendant B determined the monthly rent as from April 1, 201 as KRW 3.24 million. C. The Defendants sold the instant building to Nonparty O and P on January 3, 2012, and sold the instant building to Nonparty O and P on the same year.

1. The above sale of the building to the Plaintiff on 19.

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