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(영문) 전주지방법원 2016.09.27 2015가단25992
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. According to C’s evidence No. 6-1 of February 14, 2013, the date of preparation is indicated as February 14, 2012. However, there is no dispute between the parties as to the fact that the said lease agreement was completed on February 14, 2013, and thus, it is so determined.

D entered into a lease agreement with regard to the real estate listed in the attached list (hereinafter “instant building”) owned by D as to the lease deposit amount of KRW 30,00,000,000, monthly rent of KRW 500,000, and the period from February 14, 2013 to February 13, 2015. As the special agreement at the time, “1. This building is under a sale and purchase progress, and the monthly rent of KRW 30,00,000 shall be adjusted immediately when the new building owner delivers the building.” On February 19, 2013, C sold the instant building to E and completed the registration of ownership transfer due to the said sale on April 15, 2013.

B. On December 11, 2013, D entered into a sublease contract between the Plaintiff and the Plaintiff with respect to the instant building of KRW 30,000,000, monthly rent of KRW 600,000, and the period from December 12, 2013 to April 12, 2016, and E, the building owner, consented thereto.

As the special terms and conditions of the above sub-lease contract, the contract stated as follows: ① The key contract for the sub-lease is the key contract (with the consent of the key party), ② the key party does not demand other expenses such as facility costs

C. Meanwhile, as between D on December 12, 2013, E drafted a lease agreement with D to succeed to the above lease agreement with D.

On February 2, 2015, E sold the instant building to the Defendant, and on February 27, 2015, E completed the registration of ownership transfer based on the said sale.

E. On March 26, 2015, the Defendant extended the rental period to February 12, 2018, and the deposit shall be reduced to KRW 20,000,000, and the rent shall be KRW 1,400,000 per month from March 12, 2015 to April 11, 2016, and the following day shall be February 12, 2018.

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